Rajendra Uraon @ Rajendra Oraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48307 of 2022 Arising Out of PS. Case No.-310 Year-2020 Thana- MANER District- Patna ====================================================== RAJENDRA URAON @ RAJENDRA ORAON Son of Sukura Oraon Resident of Village - Dhobali, Lohardaga, Bhandra, P.s. and Distt.- Lohardaga (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Supplementary Affidavit on behalf of the petitioner has been filed today, let the same may be kept on record. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 323, 341, 342, 376(DA)/417 and 120B of the Indian Penal Code and sections 4 and 6 of the POCSO Act.

As per allegation in the FIR, petitioner and informant both are labour at same brick klin and prosecution case relates to commission of rape by the petitioner upon the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. In para 3 of supplementary affidavit, victim (informant) and her mother in their deposition during trial have clearly

Patna High Court CR. MISC. No.48307 of 2022(3) dt.16-01-2023 2/2 stated as prosecution witnesses that they have never seen this petitioner and has not committed any offence as alleged against him. Similarly situated other co-accused person, namely, Basu Uraon, had already been granted regular bail by another coordinate Bench vide order dated 16.12.2022 passed in Cr. Misc. No. 52479 of 2022. Petitioner is languishing in judicial custody since 21.06.2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge VII-Exclusive Special Court (POCSO) Patna in connection with Maner P.S. Case No. 310 of 2020, Special Case No. 117 of 2020.

(Sunil Kumar Panwar, J) sushma/- U