Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57546 of 2023 Arising Out of PS. Case No.-431 Year-2023 Thana- KANKARBAG District- Patna ====================================================== RAJESH KUMAR S/O LATE VINOD RAY R/O R.M.S. COLONY, NIL KAMAL TAILORS, PS- KANKARBAGH, DIST- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 354, 354A of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner is of outraging the modesty to the minor daughter of the informant, when she was playing outside of her house.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner has already married and have two children aged about 15 years and 12 years. The informant residing in the house of petitioner's uncle, which situated at beside the house of the petitioner. Further, there is old

Patna High Court CR. MISC. No.57546 of 2023(2) dt.01-09-2023 2/2 family dispute made between the petitioner's family. Further, on the alleged date of occurrence the petitioner used to throw wastage from his upper floor to the ground floor directly and the garbage fell down on the head of the informant, due to which he has been falsely implicated in the present case with ulterior motive. He is languishing in judicial custody since 25.04.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Kankarbag P.S. Case No. 431 of 2023.

(Sunil Kumar Panwar, J) arish/- U