Patna High CourtCR. MISC./47889/2024bail granted

Nitish Yadav @ Nitish Kumar Yadav v. The State Of Bihar

2024-07-25Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47889 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- KATORIYA District- Banka ====================================================== Nitish Yadav @ Nitish Kumar Yadav Son Of Rajo Yadav @ Rajesh Yadav Village- Chchata Kurum, P.S.- Katoria, Distt.- Banka ... ... Petitioner/S

Versus

The State of Bihar 2.

Aditi Singh D/O Niraj Singh R/O Village-Baniyakur, P.S.-Katoria, DistrictBanka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Adv For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 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 Katoriya P.S. Case No. 82 of 2024 dated 24.04.2024 registered for the offences punishable u/s 341, 323, 354B, 504, 506, read with section 34 of the Indian Penal Code.

3. As per the prosecution case, on 23.04.2024 the informant was returning from the Tilak Ceremony of brother of. Nikky Kumari In the meanwhile, the petitioner and the coaccused persons started outraging her modesty and tore her cloth. On being protested by the informant, the accused persons

Patna High Court CR. MISC. No.47889 of 2024(2) dt.25-07-2024 2/3 were caught hold by the family member of the informant in course of which one motorcycle was left behind. Accordingly, the present F.I.R has been registered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The said seized motorcycle belongs to the father of the co-accused Mithilesh Kumar Yadav. It is further submitted that the victim girl is at verge of maturity hence, no case of Section 8 of the POCSO Act it made out against the petitioner. Similarly situated co-accused has already been granted bail by the coordinate bench of this court vide order dated 20.06.2024 passed in Cr. Misc. No. 41237 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.05.2024.

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 nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, 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,

Patna High Court CR. MISC. No.47889 of 2024(2) dt.25-07-2024 3/3 Banka in connection with Katoriya P.S. Case No. 82 of 2024.

7. The application stands allowed.

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