Patna High CourtCR. MISC./53752/2023allowed

Babloo Kumar v. The State Of Bihar

2023-10-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53752 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== BABLOO KUMAR SON OF LATE VIJAY RAM @ BIJAY KUMAR RAM RESIDENT OF VILLAGE - MOHANIA, WARD NO.7, STUWARGANJ, P.S. - MOHANIA, DISTRICT - KAIMUR (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Section 376 of the Indian Penal Code and Section 4 of the POCSO Act.

3. It is a case of commission of rape with minor victim/informant by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The victim girl in her statement recorded U/s 164 of Cr.P.C. stated that three boys had committed wrong with her but she did not disclose the specific name of the petitioner. During trial, victim girl (P.W.-1) was declared hostile and she did not support the prosecution case. A statement has been made in para 3

Patna High Court CR. MISC. No.53752 of 2023(3) dt.31-10-2023 2/2 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 28.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Special Judge, POCSO-cum-A.D.J.-VI, Bhabhua in connection with Mohania P.S. Case No. 141 of 2023. (Sunil Kumar Panwar, J) lata/- U T