Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56632 of 2022 Arising Out of PS. Case No.-981 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Dharmendra Kumar Son Of Late Lala Mahto R/O - Chhoti Pahari, P.S.- Agamkuan, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 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 connection with Agamkuan P.S. Case No. 981 of 2021 registered under sections 341, 323, 324, 325, 307, 354, 504 and 34 of the Indian Penal Code and Section 8 of the POCSO Act. The informant alleged that he has been assaulted by the accused persons along with this petitioner with intention to kill him. Further alleged that when her daughter came to save him, then the petitioner tried to outrage her modesty. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. Both parties are co-villager and some days ago a scuffle took place

Patna High Court CR. MISC. No.56632 of 2022(3) dt.14-03-2023 2/2 between them. There is no eyewitness of the alleged occurrence. Nothing cogent material came against the petitioner. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 10.02.2023 in Cr. Misc. No. 59191 of 2022. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 22.03.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Agamkuan P.S. Case No. 981 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII-Cum-Exclusive Special Court (POCSO Act), Patna, Distt.- Patna.

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