Pramod Yadav @ Subodh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51733 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Pramod Yadav @ Subodh Rai Son Of Birendra Rai Resident Of Village Kaswa Kadamwa, P.S.- Ghorasahan, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 25.07.2022 in connection with Ghorasahan P.S. Case No. 61 of 2022, F.I.R. dated 10.02.2022 registered for the offence punishable under Sections 341,323,324,325,354(B),379,504/34 of IPC and Section 8 of POCSO Act.

As per prosecution story, in short, is that the accused petitioner took away forcibly the victim girl and removed her paijama in prosecution of their common intention with sexual intent and caused injuries on the head of the victim.

Learned counsel appearing for the petitioner submits

Patna High Court CR. MISC. No.51733 of 2022(6) dt.08-05-2023 2/3 that the petitioner has falsely been implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated. No such occurrence had taken place and the victim girl was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has not stated anything against the petitioner about the sexual assault and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 25.07.2022. Learned APP for the State has opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one but fairly submits that the petitioner is on bail in both the cases, as mentioned in para-3 of the bail petition.

Considering the aforesaid facts, let the petitioner, above named, be released on bail after framing of the charges on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge-cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 61 of 2022, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.51733 of 2022(6) dt.08-05-2023 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T