Chhotan Yadav @ Chhotan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33649 of 2023 Arising Out of PS. Case No.-205 Year-2022 Thana- JAMHOR District- Aurangabad ====================================================== CHHOTAN YADAV @ CHHOTAN KUMAR SON OF YUGESH YADAV RESIDENT OF VILLAGE SITARAMPUR, P.S -BARUN, DISTRICT -AURANGABAD BIHAR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jamhor P.S. Case No. 205 of 2022 registered for the offences punishable under Sections 341, 323, 354(B), 504/34 of Indian Penal Code and Section 8 of POCSO Act.

As per prosecution case, petitioner and others forcibly closed the mouth of informant and made indecent behavior with her.

Learned counsel for the petitioner submits that petitioner is in custody since 17.04.2023. Petitioner bears no criminal antecedent. Learned counsel further submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.33649 of 2023(3) dt.07-07-2023 2/3 in the F.I.R. There is no specific allegation against the petitioner. Allegation against the petitioner is general and omnibus in nature. Reason behind false implication of petitioner is that the village of informant and that of accused are adjacent to each other and an altercation has taken place between informant's father and petitioner's father on account of distribution of canal water. Learned counsel further submits that similarly situated co-accused Santan Mehta alias Santan Kumar has already been granted bail vide Cr. Misc. No. 58796 of 2022 by a co-ordinate bench of this Court and the petitioner deserves same treatment. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties, taking into consideration the material available on record, co-accused has already been granted bail and on the principle of parity let the petitioner above named be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.33649 of 2023(3) dt.07-07-2023 3/3 Special Judge (POCSO) Aurangabad-cum-A.D.J.-VI, Aurangabad in connection with Jamhor P.S. Case No. 205 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T