Chhotu Kumar Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49148 of 2021 Arising Out of PS. Case No.-144 Year-2021 Thana- RAHUI District- Nalanda ====================================================== Chhotu Kumar Noniya S/o Mantu Kumar Noniya R/o Village- Toofanganj, P.S.- Rahui, District- 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.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-11-2021 Heard both parties.

The petitioner seeks bail in Rahui (Bhaganbigha) P.S. Case No. 144 of 2021, registered for the offence punishable under Sections 341, 354, 504 and 506 of the Indian Penal Code and section 12 of the POCSO Act.

As per the prosecution case, while the informant was going to Mata Kamleshwari College, Sohsarai, on the way, this petitioner, grabbed her hand and tried to molest her. It is submitted on behalf of the petitioner that petitioner is next door neighbour and has been falsely implicated in this case due to village politics. Falsity of the FIR is apparent from the fact that the alleged occurrence took place on 22.03.2021, but the FIR was lodged on 26.03.2021 for which there is no plausible explanation. There is no eye witness of the

Patna High Court CR. MISC. No.49148 of 2021(2) dt.24-11-2021 2/2 occurrence. Petitioner is a student and has got clean antecedent and he is in custody since 27.04.2021. Investigation is complete. Considering the period of custody and clean antecedent, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VII-cum-Special Judge (POCSO), Biharsharif, Nalanda in connection with Rahui (Bhaganbigha) P.S. Case No. 144 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T