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Patna High CourtCR. MISC./53051/2022bail granted

Shambhoo Das @ Shambhoo Kumar v. The State Of Bihar

2023-01-13Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53051 of 2022 Arising Out of PS. Case No.-75 Year-2020 Thana- INARWA District- West Champaran ====================================================== SHAMBHOO DAS @ SHAMBHOO KUMAR S/o Anvat Das @ Anat Chandra Das R/o Village - Kawlapur Colony, P.S. Inarwa, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and the State through video conferencing in view of the Covid-19. The petitioner apprehends his arrest in connection with Inarwa P.S. Case No. 75 of 2020 instituted under Sections 341, 323, 354B, 504, 506, 34 of the Indian Penal Code and Section 8 of POCSO Act.

As per the prosecution story, the allegation is that when the girl was going to her teaching class, this petitioner came out and tried to outrage her modesty but upon the alarm of the younger sister, he fled away. When this was complained to his family members, allegation is that they were threatened. Accordingly, the FIR was lodged.

Learned counsel for the petitioner submits that he is a young boy, do not have criminal antecedent and will be abiding by the terms and conditions, if granted relief.

Patna High Court CR. MISC. No.53051 of 2022(2) dt.13-01-2023 2/2 Learned APP on the other hand opposes the prayer of bail.

Taking into account the fact that the petitioner is a young body, he do not have criminal antecedent, as stated above, will be cooperating in the investigation, this Court is inclined to grant him bail with condition that the petitioner shall be visiting the concerned police station for next six months every month to mark his attendance.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Inarwa P.S. Case No. 75 of 2020 to the satisfaction of learned Additional Session Judge VIIth, cum Special Judge POCSO, Bettiah, West Champaran, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U