Babloo Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36971 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- BAUNSI District- Araria ====================================================== Babloo Mistri S/O Raghu Mistri R/O Village- Farkia, P.S- Bounsi, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 448, 354(B), 379, 504, 506 of the Indian Penal Code and Sections 8/12 of the POCSO Act. It is alleged against the petitioner that he outraged the modesty of the minor daughter of the informant and when the informant resisted, all the F.I.R named accused persons abused and threatened of dire consequences.

Patna High Court CR. MISC. No.36971 of 2023(3) dt.31-08-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 10.01.2023, the F.I.R was registered on 12.01.2023 without explaining the delay. In fact, the informant took money from the petitioner for treatment of her husband and when he demanded his money back, this false case has been registered against the petitioner. There is no medical report on record. The petitioner is languishing in custody since 24.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.36971 of 2023(3) dt.31-08-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Araria in connection with Bounsi P.S. Case No. 11 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T