Sikandar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54068 of 2022 Arising Out of PS. Case No.-195 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Sikandar Kumar S/O Rajendra Sah @ Bhola Sah Resident Of VillageDhekaha, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 323, 376, 511, 354(B), 452, 504, 506 of the Indian Penal Code and Section 8 of POCSO Act The prosecution case in nutshell is that petitioner outraged the modesty and disrobe the daughter of the complainant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.54068 of 2022(2) dt.16-01-2023 2/3 falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 14.07.2022. There is case and counter case between the parties due to which petitioner side also sustained injuries. It is further submitted that statement of the victim under Section 164 of Cr.P.C has not been recorded. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Kesaraiya P.S. Case No. 195 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.54068 of 2022(2) dt.16-01-2023 3/3 of the learned Additional District and Sessions Judge VII-cum- Special Judge POCSO Act, East Champaran, Motihari.

(Sunil Kumar Panwar, J) nirajkrs/- U T