Jaiki Kumar @ Jaiki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43633 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Jaiki Kumar @ Jaiki S/o Kamlesh Paswan R/o vill - Husaina, P.S. - Sarmera, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2024 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 Sarmera P.S. Case No. 22 of 2024 dated 29.01.2024 registered for the offences punishable u/s 341, 323, 338, 307, 354B and 354D of Indian Penal Code read with section 8 and 12 of POCSO Act.

3. As per the prosecution case, the informant was going to coaching centre herself. Thereafter, the petitioner was chasing the informant and started harassing the informant by pulling her from behind, later the petitioner hit the informant on her face and then pushed her into the pit.

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.43633 of 2024(2) dt.08-07-2024 2/2 case. The petitioner is next door neighbour. It is also submitted that the victim girl herself stated that the accused did not molest her. There is no witness to the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.05.2024.

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, in connection with Sarmera P.S. Case No. 22 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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