Patna High CourtCR. MISC./47406/2021bail granted

Mukesh Kumar v. The State Of Bihar

2021-11-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47406 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== MUKESH KUMAR S/O LATE YASWANT SINGH R/o village- Raviach, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-11-2021 At the outset of argument, learned counsel for the petitioner seeks permission to make correction in paragraph 15 of the bail petition.

Permission is accorded.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 354A/354B of the Indian Penal Code and u/s 8, 10, 12 of the POCSO Act. As per the prosecution case, this petitioner is alleged to have attempted to molest the minor daughter of the informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No such occurrence has taken place as alleged in the FIR.

Patna High Court CR. MISC. No.47406 of 2021(2) dt.22-11-2021 2/2 Petitioner is co-villager and next door neighbour of informant and there was bickering over land dispute for a common passage. It is submitted that mother of petitioner is residing at her Naihar as she has no brother and she got some property of her father and since informant and petitioner are agnates for that reason false prosecution has been launched against this petitioner. Petitioner is in custody since 05.09.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released 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, Patna in connection with Bakhtiyarpur PS case No. 204/2020.

(Prabhat Kumar Singh, J) BKS/- U T