Allau Dewan @ Allauddin Dewan @ Elaudin Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56585 of 2021 Arising Out of PS. Case No.-147 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Allau Dewan @ Allauddin Dewan @ Elaudin Dewan Son of Mojahir Dewan Resident of - Ward No.- 8, Parsa, P.S. - Manjhaulia, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned A.P.P. Mr. Anand Mohan Prasad Mehta for the State Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Manjhaulia P.S. Case No. 147 of 2021 instituted for the offences under Sections 341, 323, 354, 354(B), 504, 506 and 34 of the Indian Penal Code read with Sections 8 and 12 of the Pocso Act. Learned counsel for the petitioner submits that the petitioner is in custody since 2.8.2021, is a person with clean antecedent and charge-sheet has been submitted and the informant alleges that his minor daughter had gone to attend call of nature when she was intercepted by this petitioner and Nanhu

Patna High Court CR. MISC. No.56585 of 2021(2) dt.23-02-2022 2/3 Kumar, who tried to outrage her modesty on which the victim started screaming, thus, the accused tried to strangulate her with clothes, but fled when the wife of the informant reached the place of occurrence and thereafter the victim was taken to hospital for treatment.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, the victim was in love with Nanhu Kumar and thus she did support the prosecution in her statement under section 161 of the Cr.P.C., where in she has stated that she was made to give statement on the pressure of her brother and father. The learned counsel further submits that in her statement under section 164 of the Cr.P.C. also the victim has not supported the prosecution case.

Learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted and the victim has not supported the prosecution case in her statement recorded under sections 161 and 164 of the Cr.P.C., let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand)

Patna High Court CR. MISC. No.56585 of 2021(2) dt.23-02-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Special Judge Pocso cum ADJ-VI, West Champaran, Bettiah, in connection with G.R. No. 1133 of 2021 arising out of Manjhaulia P.S. Case No. 147 of 2021.

(Satyavrat Verma, J) Ravi/- U T