Patna High CourtCR. MISC./50432/2023allowed

Manoj Chaudhary v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50432 of 2023 Arising Out of PS. Case No.-24 Year-2020 Thana- MAHILA P.S. District- Saharsa ====================================================== Manoj Chaudhary Son Of Late Satrughan Choudhary Resident Of VillagePokharbhinda, Ps- Mahishi, Distt- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 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, 354 and 509 of the Indian Penal Code and Section 4/18 of the POCSO Act.

3. Allegation against the petitioner is of teasing and assaulting the minor daughter of the informant.

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. It is further submitted that the only allegation against the petitioner is of teasing the informant's daughter not committing any physical abuse with the victim. A statement has been made in para-3 of this petition

Patna High Court CR. MISC. No.50432 of 2023(3) dt.20-09-2023 2/2 that the petitioner has got no criminal antecedent. Moreover, form para-10 of this petition, the petitioner is languishing in judicial custody since 21.09.2020 about three years, but the trial is not in progress and after three years only charge has been framed.

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 Saharsa Mahila P.S. Case No. 24 of 2020 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-IV cum Incharge Special Judge, POCSO, Saharsa.

(Sunil Kumar Panwar, J) shubham/- U T