Anuj Kumar @ Anuj Chaiwala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54620 of 2021 Arising Out of PS. Case No.-135 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== SOHAN PRASAD @ SOHAN KUMAR, S/O- Late Raghunath Bhagat Resident of Village - Musachak, P.S. - Minapur, Distt. - Muzaffarpur (Bihar). ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State, through Video Conferencing. The petitioner seeks bail in connection with Minapur P.S. Case No. 135 of 2019, instituted for the offences under Sections 341, 323, 354(A) of the Indian Penal Code and Section 8/12 of POCSO Act.
The learned counsel for the petitioner submits that the petitioner is in custody since 19.07.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that his minor daughter was returning home after Holika Dahan when she was intercepted by the petitioner who wanted to outrage her modesty and when the victim shouted, he threw over in the maize field and was saved by villager, namely, Fuldeo Thakur. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the
Patna High Court CR. MISC. No.54620 of 2021(2) dt.16-02-2022 2/2 petitioner and the informant are neighbor and they have dispute with respect to passage, as a result of which the present case came to be instituted alleging that petitioner had intention to outrage the modesty of the victim, the learned counsel submits that once the petitioner was arrested, the informant entered into a compromise and has compromised the case, as has been recorded in the impugned order also.
The learned A.P.P. vehemently opposes the bail application.
Considering the fact that the petitioner is in custody since 19.07.2021, he is a person with clean antecedent, chargesheet has been submitted and the informant has entered into a compromise, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Addl. Sessions Judgecum-Special Judge, POCSO, Muzaffarpur, in connection with Minapur P.S. Case No. 135 of 2019.
The application stands allowed.
sanjeev/- (Satyavrat Verma, J) U T