Ajit Bhuiyan @ Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35238 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== Ajit Bhuiyan @ Ajit Kumar S/o Ganeshi Bhuiyan R/o Village Haneya, P.S.- Kutumba, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Kutumba P.S. Case No. 80 of 2020, registered for the offence punishable under Sections 341, 323, 324, 354, 307, 504/34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012.

The allegation is regarding the accused persons having engaged in eve-teasing the daughter of the informant and when the

Patna High Court CR. MISC. No.35238 of 2020(2) dt.11-01-2021 2/3 informant had gone to the house of the petitioner to protest about the same, the accused persons had assaulted him.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 01.07.2020. The learned counsel for the petitioner has submitted that as far as the petitioner is concerned, there is no allegation of any sort of assault having been engaged in by him and moreover, there is no allegation of any sort of sexual assault being committed by the petitioner and it has only been alleged that the accused pesons had engaged in eve-teasing the daughter of the informant.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that

Patna High Court CR. MISC. No.35238 of 2020(2) dt.11-01-2021 3/3 there is no allegation of sexual assault upon the petitioner and moreover, he is having a clean antecedent and he is languishing in custody since 01.07.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned VIth Additional District and Sessions Judge Cum Exclusive Spl. Judge (POCSO), Aurangabad in connection with Kutumba P.S. Case No. 80 of 2020.

(Mohit Kumar Shah, J) Ajay/- U T