Anirudh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49402 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- NAURANGIA District- West Champaran ====================================================== Anirudh Ram S/o Sh. Sawaru Ram R/o Village- Madanpur, P.S- Naurangiya, Distt.- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Naurangiya P.S. Case No.131 of 2022 registered for the offences punishable under Sections 341, 323, 354, 354-B, 307, 379, 504, 506 read with 34 of the Indian Penal Code and section 8 of the Protection of Children from Sexual Offences Act. 3.

The accused/petitioner is named in the FIR and is in custody since 27.04.2023.

4.

Allegation against the petitioner is assault the informant and other family members by using lathi, footwear etc. and also tied gamchcha by neck of wife of the informant, having intention to cause their death, where occurrence arises out of outraging issue of minor daughter of informant aged about 14 years.

Patna High Court CR. MISC. No.49402 of 2023(2) dt.07-08-2023 2/3 5.

It is submitted by learned counsel appearing on behalf of the petitioner that if the narration of FIR be taken into consideration, allegation of pressing neck by tying gamchcha is not available against this petitioner and, as such, the allegation under Section 307 of the Indian Penal Code is not appearing convincing against this petitioner. It is submitted that as far outraging issue is concerned, same also not appearing convincing on its face because it cannot be said that petitioner caught hold hand of minor daughter of informant with 'sexual intent' rather it appears that she claimed her as his daughter-inlaw. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances, as sexual intent prima facie not appearing convincing against this petitioner as narration of FIR, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 27.04.2023, accordingly, the

Patna High Court CR. MISC. No.49402 of 2023(2) dt.07-08-2023 3/3 petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, POCSO-cum-Additional District JudgeVII, West Champaran at Bettiah in connection with Naurangiya P.S. Case No.131 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T