Pappu @ Bakariya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39514 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- SULTANGANJ District- Patna ====================================================== Pappu @ Bakariya Son of Md. Sultan Resident of Mohalla - Kasjid Ghat, Khan Mirza, P.S.- Sultanganj, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Aashma Parveen Wife of Md. Samir Resident of Mohalla - Kasjid Ghat, Khan Mirza, P.S.- Sultanganj, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Adv For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sultanganj P.S. Case No. 496 of 2023 dated 17.10.2023 registered for the offences punishable u/s 341, 323, 354B, 504 and 506 of the I.P.C. and Section 8/12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have taken the minor daughter of the informant to his house with bad intention by enticing her and was getting her laying on the chowki. The victim started crying loudly and came to the

Patna High Court CR. MISC. No.39514 of 2024(3) dt.07-10-2024 2/3 informant. On being asked about the said incident, the petitioner started abusing the informant and her husband and threatened not disclose anyone about the said incident otherwise he would kill them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. The medical examination of the victim girl has not been done. The petitioner has no concern with the alleged occurrence. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner molested the victim.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Sultanganj P.S. Case No. 496 of 2023, with a condition/s:-

Patna High Court CR. MISC. No.39514 of 2024(3) dt.07-10-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T