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Patna High CourtCR. MISC./37665/2024disposed

Prashant Kumar @ Prashant Rajbhar v. The State Of Bihar

2024-07-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37665 of 2024 In CRIMINAL APPEAL (SJ) No.958 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Prashant Kumar @ Prashant Rajbhar Son of Ramlal Rajbhar R/O Vill.- Mohanpurwa, Ward No.- 5, Akhowripur, P.S.- Buxar (Mufassil), District - Buxar.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Sanjay Ram Son of Late Deputy Ram R/O Vill.- Bara, P.S.- Gahamar, District - Gajipur, Utter Pradesh.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s :

Usha Kumari 1, A.P.P.

Mr SK Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341,342,323,354B/504 of the Indian Penal Code and sections 8/18 of the POCSO Act read with sections 3(i)(r)(s)/3(2)(va) of the SC/ST Act.

3. As per the prosecution case, petitioner and coaccused Jai Mangal Rajbhar caught daughter of the informant, pressed her mouth and took her to some other place for committing wrongful act but due to alarm raised by the victim and her sister, nearby people came and accused persons fled away.

Patna High Court CR. MISC. No.37665 of 2024(5) dt.24-07-2024 2/2

4. Learned counsel appearing for the petitioner submits that there is no allegation of committing sexual assault on the petitioner rather he is alleged to have attempted to commit such offence. There is admitted land dispute between the parties. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI cum Special Judge, POCSO Act in Buxar Mufassil Police Station Case No. 17 of 2024, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T