Raushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59746 of 2023 Arising Out of PS. Case No.-28 Year-2023 Thana- TRIVENIGANJ District- Supaul ====================================================== RAUSHAN YADAV Son of Late Jainarayan Yadav Resident of villageNarha, Baghla, Ward No. 16, P.S.-Triveniganj, District-Supaul. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

RANJU DEVI W/o Ramdev Das R/o Village-Malhanwa, P.S.-Triveniganj, W.No. 7, P.S. Triveniganj, District-Supaul.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023 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 a case registered for the offences punishable under Sections 323, 341, 324, 506, 354 (B), 509, 427, 504 of the Indian Penal Code, Section 8 of the POCSO Act & Section 3(1) (r)(s)(w)(i) of the SC/ST (POA) Act.

As per prosecution case, the allegation against the petitioner is that he outraged the modesty of the informant's minor daughter aged about 13 years and tried to commit rape upon her on the point of knife. It is further alleged that the petitioner gave knife blow upon the thigh of the victim which caused injury on her thigh. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.59746 of 2023(3) dt.20-09-2023 2/2 the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to dirty village politics. There is no sign of sexual assault to the victim and except the victim no eye witness to the alleged occurrence. The F.I.R. has been lodged after the delay of two days without assigning any plausible reason. No external injury was found on the body of the victim. It is also submitted that petitioner is languishing in judicial custody since 19.04.2023.

Learned Special P.P. appearing for the State has vehemently opposed the prayer for Bail and submitted that the petitioner has outraged the modesty and also assaulted to the victim. Having heard learned counsel for the parties and taking into consideration 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 in connection with Triveniganj P.S. Case No. 28 of 2023 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 A.D.J.-VI, Supaul.

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