Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52760 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- SIGAUDI District- Patna ====================================================== RAHUL KUMAR S/O MAHESH YADAV Resident of Habashpur, P.S.- Ranitalab, Kanpa, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-01-2023 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 341, 323, 337, 504, 354/34 of the Indian Penal Code and sections 8/12 of the POCSO Act.

As per allegation in the FIR, when the informant's daughter went out for natural call, three accused persons caught hold her hand with bad intention and tried to outrage her modesty. It is further alleged that when informant went to inform the matter to accused person's family, they started to insult him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. There is

Patna High Court CR. MISC. No.52760 of 2022(2) dt.17-01-2023 2/2 case and counter case between both the parties. Petitioner is simply a driver of Ram Awadhesh Yadav, father of co-accused Mukesh Kumar. General and omnibus allegation has been levelled against the petitioner. There is no allegation of committing wrong with the informant's daughter by the petitioner. He is languishing in judicial custody since 26.06.2022.

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 Sessions Judge VII-cum-Exclusive Special Court (POCSO) Patna in connection with Sigori P.S. Case No. 45 of 2022.

(Sunil Kumar Panwar, J) sushma/- U