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Patna High CourtCR. MISC./6756/2021bail granted

Esuph Shauphi Alias Yushuph Souphi v. The State Of Bihar

2021-05-24Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6756 of 2021 Arising Out of PS. Case No.-308 Year-2020 Thana- ADAPUR District- East Champaran =================================================== ESUPH SHAUPHI ALIAS YUSHUPH SOUPHI SON OF MAJMULLAH MIYA RESIDENT OF VILLAGE-GAMAHARIA KALA TOLA PS-DARPA DISTRICT-EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ==================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar No 2 For the Opposite Party/s :

Mr. Arun Kr. Pandey, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-05-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Adapur P.S. Case no. 308/2020 registered under sections 341, 342, 354B and 509 of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

As per allegation in the FIR while the informant had gone to submit her application in the Adhaar Card office, it is stated that the petitioner misbehaved with her. On her raising hulla he was caught.

It is submitted by learned counsel for the petitioner that the allegations levelled in the FIR are false and concocted and the petitioner has been falsely implicated in the case as because of a dispute which started as a result of small quarrel relating to queue.

Patna High Court CR. MISC. No.6756 of 2021(2) dt.24-05-2021 2/2 The petitioner has no criminal antecedent and he is in custody since 17.09.2020. Chargheseet has been submitted in the case. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstance of the case including the petitioner having remained in custody for more than 8 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Adapur P.S. Case no. 308/2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge - cum - Special Judge, POCSO Act, East Champaran, Motihari. (Partha Sarthy, J) Sdp/- U T