Patna High CourtCR. MISC./39242/2024bail granted

Mritunjay Kumar @ Shukhka v. The State Of Bihar

2024-05-29Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39242 of 2024 Arising Out of PS. Case No.-934 Year-2023 Thana- BIHTA District- Patna ====================================================== Mritunjay Kumar @ Shukhka S/O - Subedar Yadav R/o - Vill-Ramu Bigha, P.S._Bihta (Ghoratap), Dist - Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Bhuvan Yadav S/O - Late Shyam Dev Yadav R/o - Vill-Ramu Bigha, P.S. - Bihta, Dist - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bihta P.S. Case No. 934 of 2023, lodged on 22.09.2023 under Sections 341, 342, 354 of the Indian Penal Code read with sections 8/12 of the POCSO Act.

3. As per the prosecution case, FIR has been lodged against the present petitioner. It has been alleged by the informant that the petitioner has tried to outrage the modesty of the daughter of the informant and also threatened her if she disclose anything. Subsequently, the informant's daughter disclosed everything to her family members and then the present

Patna High Court CR. MISC. No.39242 of 2024(2) dt.29-05-2024 2/3 case has been lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the contents of the FIR, it becomes clear that the said occurrence took place on 18.09.2023, but the FIR has been lodged on 22.09.2023. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 17.01.2024. Counsel also submits that both the petitioner and informant belongs to the same village and they have previous enmity and only due to this reason, the present case has been lodged against the petitioner. Counsel further submits that the place where the alleged occurrence took place is a public place.

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

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeVII-cum-Special Judge (POCSO), Patna in connection with Bihta P.S. Case No. 934 of 2023, subject to the conditions as

Patna High Court CR. MISC. No.39242 of 2024(2) dt.29-05-2024 3/3 laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T