Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52134 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- NAGARNAUSA District- Nalanda ====================================================== Praveen Kumar S/o Ramadhin Prasad Resident of Village near Vidya Bharti School Gandhi nagar, P.O - Ramchandrapur, P.S. - Laheri, Distt. - Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arti Devi W/o Ramitar Paswan Resident of Village- Not known, P.S.- Nagarnausa, Distt.- Nalanda, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhanshu Prakash For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nagarnausa P.S. Case No. 78 of 2024 registered for the offence punishable under Section-354 of the Indian Penal Code and Sections-3(1)(w)(i) of SC/ST (POA) Act.

3. It is alleged that the petitioner called the victim girl in a separate room on the pretext of teaching and having caught hold of her hand, he dragged close to him and started touching her body inappropriately.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated

Patna High Court CR. MISC. No.52134 of 2024(2) dt.31-07-2024 2/3 in this case. It has further been submitted that the petitioner is a person of clean antecedent. It has also been submitted that the FIR has been lodged after a delay of four days and no explanation for the same has been offered. The only allegation against the petitioner is to touch the body of the victim inappropriately. The petitioner is in custody since 19-06-2024.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII-cumk-Special Judge, POCSO, Bihar Sharif, Nalanda in connection with Nagarnausa P.S. Case No. 78 of 2024 with conditions as follows:

(i) The petitioner shall appear in the court below on each and every date fixed in the case and if, he fails to do so on two consecutive dates unless he is prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioner. (ii) Before accepting the bail bond of the petitioner, the learned court below shall verify the criminal antecedent of the petitioner and if, he is found involved in any case

Patna High Court CR. MISC. No.52134 of 2024(2) dt.31-07-2024 3/3 other than the present one, the bail bond of the petitioner shall not be accepted.

(Nawneet Kumar Pandey, J) A.K.V.//- U T