Chandan Kumar @ Chandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65912 of 2021 Arising Out of PS. Case No.-48 Year-2019 Thana- GAUNAHA District- West Champaran ====================================================== CHANDAN KUMAR @ CHANDAN PRASAD S/O SURESH PRASAD R/o village- Belwa Bahuari, Ward No. 03, P.S.- Gaunaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar,Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 342/354 of the I.P.C., Section 3(1)(r) of SC/ST Act and Section 8 of the POCSO Act. As per the F.I.R., this petitioner has attempted to commit rape with the minor daughter of the informant. It is submitted on behalf of petitioner that after investigation, the police submitted final form stating the occurrence to be untrue, but differing with the same, the learned court below has taken cognizance against this petitioner under Section 342/354A of the I.P.C. and Section 7 of the POCSO Act. It is further submitted that a dispute has taken place between the informant and petitioner with regard to payment of dues/fees in the coaching centre and taking advantage of the said fact, the

Patna High Court CR. MISC. No.65912 of 2021(2) dt.18-07-2022 2/2 informant has lodged this false case against this petitioner. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions Judge-cum-Special Judge (POCSO), Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 48 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T