Sharma Yadav @ Satyapal Yadav @ Satpal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49498 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- JAMHOR District- Aurangabad ====================================================== Sharma Yadav @ Satyapal Yadav @ Satpal Yadav Son Of Ramprasad Yadav Village- Makhra, Ps- Jamhore, Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Kumari Daughter Of Nandlal Paswan Village- Makhra, Ps- Jamhore, Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (POA) Act and Section 8 of the POCSO Act.

As per allegation in the FIR, when the informant went to attend nature's call, in the meantime, petitioner caught her with malice intention and pushed her on ground. When she opposed, petitioner tried to strangulate her and

Patna High Court CR. MISC. No.49498 of 2024(2) dt.20-07-2024 2/3 also sexually assaulted her.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that petitioner has not committed the act as alleged. He has neither misbehaved nor sexually assaulted the informant. The informant has not undergone medical examination and she has not received any medical treatment. Caste based derogatory remarks have not been made in public view. So, the offence under SC/ST Act is not made out. Moreover, the petitioner is languishing in judicial custody since 20.05.2024. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Jamhore P.S. Case No. 92 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.49498 of 2024(2) dt.20-07-2024 3/3 amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Exclusive Judge (POCSO), Aurangabad.

(Sunil Kumar Panwar, J) Nirajkrs/- U T