Arun Singh @ Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48807 of 2023 Arising Out of PS. Case No.-323 Year-2022 Thana- MAJORGANJ District- Sitamarhi ====================================================== Arun Singh @ Arun Kumar Singh Son Of Late Ram Bilash Singh Resident Of Village-Ward No. 13, Khairwa Tola, Baidnathpur, P.S.-Majorganj, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 376/511 of the Indian Penal Code and Section 8 of the POCSO Act.

It is alleged against the petitioner that he outraged the modesty of the informant who is minor aged about 14 years.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is an inordinate delay of one day in lodging the F.I.R without having any

Patna High Court CR. MISC. No.48807 of 2023(3) dt.31-10-2023 2/2 cogent reason. The victim in her 164 Cr.P.C statement has not alleged sexual assault though only alleged that the petitioner outraged her modesty. The petitioner is languishing in custody since 05.04.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Sitamarhi in connection with Majorganj P.S. Case No. 323 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T