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Patna High CourtCR. MISC./38698/2022allowed

Indrajeet Kumar @ Indrajeet Mahto v. The State Of Bihar

2023-01-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38698 of 2022 Arising Out of PS. Case No.-235 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== Indrajeet Kumar @ Indrajeet Mahto S/O Chandeshwar Hathi @ Suraj Mahto R/O Village- Vishnupur Adhar, P.S.- Kanhauli, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard learned counsel for the parties.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 366A, 34 of the Indian Penal Code and Section 8 of the POCSO Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that although the petitioner is named in the FIR but neither he was caught hold from the place of occurrence nor the victim girl in her statement recorded under Section 164 Cr.PC. has stated anything against the petitioner. He submits that there is no involvement of this petitioner in the alleged occurrence but only being the owner of the alleged vehicle his name has been surfaced in this present case. He further submits

Patna High Court CR. MISC. No.38698 of 2022(4) dt.10-01-2023 2/2 that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sonbarsa P.S. Case No. 235 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T