Prince Raj @ Prince Kumar @ Prince Oberai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48398 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Prince Raj @ Prince Kumar @ Prince Oberai Son Of Sanjay Kumar R/OShivpuri, Musapur, P.S.-Samastipur (Muffasil), Distt.-Samastipur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354, 504/34 of the Indian Penal Code, Section 67 of the I.T. Act and Section 12 of the POCSO Act.
3. As per prosecution case, it is alleged that the daughter of the informant purchased a sim from shop of the petitioner two years ago thereafter, the petitioner continuously send obscene messages and photos to the victim. The petitioner also threatened the victim.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics.
Patna High Court CR. MISC. No.48398 of 2023(2) dt.04-08-2023 2/2 It is also submitted vide para-8 of the petition that the victim was examined as PW-1 during trial and she accepted in her deposition that she was in contact of petitioner since last two years and developed intimacy on mobile. The entire allegation are false and fabricated against the petitioner. He has got no criminal antecedent as stated in para-3 of the petition and languishing in judicial custody since 11.4.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur P.S. Case No. 152 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J..-VI-cum-Special Court (POCSO), Samastipur.
(Sunil Kumar Panwar, J) Amandeep/- U T