Nandu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32498 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== NANDU KUMAR, Son of Late Shivnath Saw, Resident of Village - Pacharia, P.s.- Rafiganj, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1. The State of Bihar

2. Dhananjay Paswan, S/o late Shyam Sunder Paswan, R/o Village, Pacharia, P.S. Rafiganj, Dist- Aurangabad ( Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar, Advocate For the Opposite Party/s :

Ms.Usha Kumari, App For O.P. No.2 :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order failing which the matter be listed again under the appropriate heading for necessary action.

No one appears on behalf of O.P. No.2 despite notice having been received by daughter of the O.P. No.2. Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Rafiganj P.S. Case No. 80 of 2022 registered for the offences punishable under Sections 323,341,354(D),504/34 of the Indian Penal Code, Sections 3(i)(r),(s),(w)(i) of SC/ST (POA) Act and Sections 8/12 of POCSO Act.

Patna High Court CR. MISC. No.32498 of 2022(5) dt.20-02-2023 2/3 As per the prosecution, the informant alleged that this petitioner had run over his bike on the informant's daughter's foot and thereafter assaulted her. Further, it is alleged that this petitioner used to repeatedly harass the victim on her way to coaching.

The main submissions advanced by the learned counsel Mr. Ranjit Kumar for the petitioner are that the petitioner is a student of Intermediate class, on the alleged day and time of occurrence a simple minor accident took place with the daughter of the informant and thereafter the allegation made in the FIR was falsely fabricated and the petitioner has been languishing in jail since 06.04.2022 having fair and clean antecedent.

Learned APP Ms. Usha Kumari appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly considering the petitioner's young age and his educational career as well as his fair and clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.32498 of 2022(5) dt.20-02-2023 3/3 concerned Court in connection with Rafiganj P.S. Case No. 80 of 2022.

(Shailendra Singh, J) Sanjay/- U