Ram Bilash Roy @ Ram Bilash Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54873 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- KORHA District- Katihar ====================================================== RAM BILASH ROY @ RAM BILASH JAISWAL Son of Late Prayaglal Jaiswal Resident of Village-Phulwariya, Ward No.-07, P.S.-Korha, DistrictKatihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2023 1.
Heard learned counsel for the petitioner and learned APP for the State.
2.
Petitioner seeks regular bail in connection with Korha P.S. Case No.269 of 2023 dated 01.07.2023 registered for the offence/s punishable under Section/s 354 of the Indian Penal Code and Section 8 of the POCSO Act. 3.
The main submissions advanced by the learned counsel for the petitioner are that the petitioner is an old person, the allegation levelled against him in the FIR are totally unbelievable as petitioner has grand children, in fact petitioner runs a grocery shop and there was some dispute in between the petitioner and informant on account of payment of dues and due to the said reason the informant fabricated false allegation and lodged the FIR, but subsequently a good relation has established
Patna High Court CR. MISC. No.54873 of 2023(2) dt.30-08-2023 2/2 in between them and both the parties entered into the compromise and filed compromise petition before the Court concerned. Further submissions are that the petitioner is a serious heart patient and his treatment is running in VMMC and Safdarganj Hospital, New Delhi and there is 99 per cent blockage to the artery of his heart and in this regard relevant documents concerned to his treatment have been filed as Annexure-2 series. Further submission is that the petitioner has fair and clean antecedent.
4.
Learned APP appearing for the State opposes the bail prayer.
5.
Considering the above submissions and mainly the petitioner's heart disease, discussed above, as well as his fair and clean antecedent, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be released on bail in connection with Korha P.S. Case No.269 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) sangam/- U T