Niraj Kumar @ Niraj Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56580 of 2022 Arising Out of PS. Case No.-333 Year-2022 Thana- SAKRA District- Muzaffarpur ====================================================== Niraj Kumar @ Niraj Ray S/O Kamlesh Rai Resident Of VillageMishrauliya, P.S.- Sakra, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 447, 376, 511, 506 of the Indian Penal Code and Sections 4/6 of the POCSO Act.

It is alleged against the petitioner that the petitioner in drunken condition entered into the house of the informant and made an attempt to ravish her and when the informant raised alarm, other family members

Patna High Court CR. MISC. No.56580 of 2022(4) dt.20-06-2023 2/3 wake up and apprehended the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner and the informant were in love with each other and on call of the informant, the petitioner went in the house of the informant when he was seen by the grand-mother of the informant. Hence, in order to save her skin, this false case has been registered by the informant. The call details of the informant suggests that she called eight times on the alleged date and time on the mobile of the petitioner. Moreover, the victim girl is major, hence, the offence under the POCSO Act is not made out against the petitioner. The petitioner is languishing in custody since 28.06.2022.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.56580 of 2022(4) dt.20-06-2023 3/3 each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Muzaffarpur in connection with Sakra P.S. Case No. 333 of 2022. (Sunil Kumar Panwar, J) Shageer/- U T