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Patna High CourtCR. MISC./38248/2020bail granted

Sujeet Rai Alias Sujit Ray Alias Sujit Kumar v. The State Of Bihar

2021-03-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38248 of 2020 Arising Out of PS. Case No.-221 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== Sujeet Rai Alias Sujit Ray Alias Sujit Kumar Son of Shri Vakil Yadav Resident of Road No. 4, Indra Nagar, PS- Jakanpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Agamkuan P.S. Case no. 221 of 2020 registered under sections 341, 342, 323, 354A, 504, 509 and 34 of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

As per allegation in the FIR, it is stated that the petitioner along with his companion misbehaved with the informant.

It is submitted by learned counsel for the petitioner that the petitioner and the informant are related in so far as one Wakil Rai had two wives. While the petitioner happens to be the son of the first wife, the informant is the sister of second wife.

Patna High Court CR. MISC. No.38248 of 2020(3) dt.08-03-2021 2/2 Further, learned counsel for the petitioner has taken the Court through the contents of paragraph nos. 9, 11 and 12 of the petition to show the enmity between the parties. The petitioner has no criminal antecedent, he is in custody since 27.9.2020 and charge sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with his being in custody since 27.9.2020 and charge sheet having been submitted in the case, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Agamkuan P.S. Case no. 221 of 2020 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 Sessions Judge 1st-cum-Special Judge POCSO Act, Patna.

(Partha Sarthy, J) Prakash/- U