Bagish Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50317 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- CHHABILAPUR District- Nalanda ====================================================== Bagish Bhushan Son Of Kumar Virendra Sinha @ Kumar Birendra Singh @ Birendra Prasad R/O- Village- Shivpur, P.S.- Laheri, Distt.- Nalanda ... ... Petitioner/S

Versus

1.

The State of Bihar 2.

Suryamani Devi Wife Of Indu Yadav R/O- Village- Halimchak, P.S.- Chhailapur, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Priya Ranjan, Adv For the Opposite Party/s :

Mr. Bharat Lal, APP For the Informant :

Mr. Vishwanand Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Chhabilapur P.S. Case No. 68 of 2024 dated 05.06.2024 registered for the offences punishable u/s 376 of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

3. As per the prosecution case, the co-accused Mukesh Kumar is alleged to have committed rape on the daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the statement recorded u/s 164 of the Cr. P.C.

Patna High Court CR. MISC. No.50317 of 2024(2) dt.20-07-2024 2/2 of the victim, the specific allegation of rape is against the coaccused Mukesh Kumar. The allegation against the petitioner is of compromising the case between the co-accused and the victim. There is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2024.

5. Learned A.P.P. for the State and learned counsel for the informant 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, Biharsharif, in connection with Chhabilapur P.S. Case No. 68 of 2024.

7. The application stands allowed.

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