Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47129 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- MUNGER MUFFASIL District- Munger ====================================================== Pramod Singh, Son Of Mahendra Singh, Village_ Bhelwa Ps_Muffasil Disrict_ Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Roushan, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 78 of 2023 dated 16.02.2023 registered for the offences punishable u/s 376 read with Section 34 of the Indian Penal Code and u/ss 4/8 of the POCSO Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have caught hold of the mother of the victim and the co-accused persons Chandan Kumar and Dipak Kumar committed rape on the daughter of

Patna High Court CR. MISC. No.47129 of 2023(2) dt.03-08-2023 2/2 the informant forcibly.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is no specific allegation against the petitioner. As per medical report of the victim, the doctor has opined that there is no any evidence of sexual assault. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Munger in connection with Muffasil P.S. Case No. 78 of 2023.

8. The application stands allowed.

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