Ajay Prajapati Alias Ajay Prajapat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36646 of 2020 Arising Out of PS. Case No.-215 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== 1.

Ajay Prajapati alias Ajay Prajapat Son of Mahendra Prajapat alias Mahendra Pandit, Resident of Village - Bandhan Chapra, P.S. - Rajauli, DistrictNawadah. ... ... Petitioner/s

Versus

The State Of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-01-2021 Heard the learned counsel for the petitioner and Shri Raj Kishore Singh, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Rajauli P.S. Case No. 215 of 2020 giving rise to Special POCSO Case No. 26 2020 for the offence punishable under Sections 376/511, 354(B), 448, 34 of the Indian Penal Code and Section 7 of POCSO Act.

The allegation is regarding the petitioner herein having entered inside the room of the victim girl and is alleged to have tried to misbehave with her, however, upon alarm being raised, the informant had arrived there.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.36646 of 2020(2) dt.30-01-2021 2/2 present case, is having a clean antecedent and is languishing in custody since 20.05.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the nature of allegation as also the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge cum Special Judge, POCSO Act, Nawadah in connection with Rajauli P.S. Case No. 215 of 2020 giving rise to Special POCSO Case No. 26 of 2020.

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