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Patna High CourtCR. MISC./53023/2021bail granted

Deepak Chouhan v. The State Of Bihar

2022-03-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53023 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- BANKA District- Banka ====================================================== DEEPAK CHOUHAN S/o Chandra Shekhar Chouhan @ Chandra Shekhar Prasad R/o village- Shripur, P.S.- Barahat, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-03-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 354B and 34 of the Indian Penal Code and section 8 of POSCO Act. As per the prosecution case, the accused persons are said to have outraged the modesty of the minor informant. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. From perusal of the FIR itself it would transpire that the allegation is of an attempt by the accused persons of having committed the offence. The informant states that seeing a lady coming the accused persons ran away. The petitioner is in custody since 6.1.2021 and has no criminal antecedent.

Patna High Court CR. MISC. No.53023 of 2021(2) dt.11-03-2022 2/2 Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for more than 1 year 2 months and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Banka (Barahat) P.S. Case no. 13 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 6th - cum - Special Judge (POCSO Act), Banka. (Partha Sarthy, J) Spd/- U T