Patna High CourtCR. MISC./37419/2024bail granted

Sajawal Ray v. The State Of Bihar

2024-07-10Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37419 of 2024 Arising Out of PS. Case No.-430 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Sajawal Ray Son of Late Bhikhari Rai Resident of Village- Shambhu Chak, Bakarpur Jagat ,P.S- Kalyanpur, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar BIHAR 2.

Rajesh Giri Son of Ram Narayan Giri Resident of Village- Shambhu Chak, ,P.S- Kalyanpur, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar No.Iii For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Kalyanpur P.S. Case No. 430 of 2023 lodged on 01.12.2023 for offences punishable under Section 147/148/341/342/323/324/307/302/120B,149 of the Indian Penal Code and Section 4, 6 of the POCSO Act, Motihari East Champaran.

3. As per the prosecution story F.I.R has been lodged against 13 named accused persons with an allegation that petitioner in connivance with other accused persons tried to outrage the modesty of the informant's minor sister and

Patna High Court CR. MISC. No.37419 of 2024(2) dt.10-07-2024 2/3 assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has one antecedents in which he is on bail. He submits that petitioner is aged about 69 years and there is nothing specific allegation against the present petitioner nor there is any act or overtact save and except that he has been made accused in the present case.

5. Learned APP for the State opposes the prayer for bail .

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest of surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs. 30,000/- (Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge cum special Judge POCSO Act, Motihari East Champaran subject to the condition as laid down under Section 438(2) Cr.P.C.

7. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in Kalyanpur P.S. Case No. 130/2019 pending

Patna High Court CR. MISC. No.37419 of 2024(2) dt.10-07-2024 3/3 against him.

(Dr. Anshuman, J) Sunnykr/- U