Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44801 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Pawan Kumar son of Raj Kumar Manjhi Village- Somiya Ps- Barachatti DistGaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Afina Devi wife of Raju Manjhi Village- Somiya Ps- Barachatti Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-07-2024 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 Barachatti P.S. Case No. 152 of 2024 dated 06.03.2024 registered for the offences punishable u/s 354B of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have restrained the victim, on the way taking advantage of darkness and started to hold her and snatched mobile, threw it away and tried to molest her. When victim raised alarm, people started assembling upon which the petitioner fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.44801 of 2024(2) dt.10-07-2024 2/2 case. It is also submitted that victim is minor. Nothing has been recovered from his conscious possession. The petitioner has no concern with the alleged recovery. The occurrence was took place on 04.03.2024 and the FIR lodged on 06.03.2024 i.e. the delay of two days. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case 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, Gaya in connection with Barachatti P.S. Case No. 152 of 2024.

7. The application stands allowed.

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