Bharosh Pandey @ Lalu Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60953 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- MAHILA PS District- Darbhanga ====================================================== BHAROSH PANDEY @ LALU PANDEY SON OF RAMESHWAR PANDEY RESIDENT OF VILLAGE -SHRIPUR, POLICE STATIONASHOK PAPER MILL AND DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

REKHA DEVI WIFE OF DINESH SAHNI VILLAGE- MALAHIPATTI, BAHADURPUR, PS- ASHOK PAPER MILL, DIST- DARBHANGA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mahila P.S. Case No. 21 of 2024 dated 20.02.2024 registered for the offences punishable under Sections 366A and 376 of the Indian Penal Code and Section 4 and 6 of the POCSO Act.

3. As per the prosecution case, the informant's minor daughter was found missing from her house. Thereafter, they searched her but she was not found. In the morning, she came to know that her daughter was found by villagers with Lallu Pandey(petitioner), when villagers went there he left the girl and

Patna High Court CR. MISC. No.60953 of 2024(2) dt.09-09-2024 2/3 ran away. The girl told that he made false promise of marriage and sexually assaulted her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the victim girl was examined in the session trial as P.W.1 who herself said that she was scolded by the mother for going to school, so she went to her maternal grandmother's house and she did not identify the petitioner who was in the dock and also denied that she has given a statement before the Magistrate that she was raped in the orchard as stated in her deposition which is being annexed at Annexure-P/3 to this bail petition. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive

Patna High Court CR. MISC. No.60953 of 2024(2) dt.09-09-2024 3/3 Special Judge(POCSO Act), Darbhanga in connection with Mahila P.S. Case No. 21 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T