Rocky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39252 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Rocky Kumar S/O- Karu Mistri Mohalla- Jalalpur Ps- Sohsari Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Mohammad Sufyan For the Informant :

Mr. Saurabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354, 504, 506 and 34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. Allegation against the petitioner is that he pulled the dupatta of the informant's daughter and also assaulted her. It is further alleged that he threatened her to defame in the society.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. No any physical assault or physical abuse has been committed by the petitioner with the informant's daughter. No any eye witness

Patna High Court CR. MISC. No.39252 of 2023(3) dt.18-09-2023 2/2 of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 09.05.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sohsarai P.S. Case No. 274 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions Judge-cum-Special Judge, POCSO, Nalanda at Biharsharif.

(Sunil Kumar Panwar, J) shubham/- U T