Rajesh Mishra @ Rajesh Misir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60275 of 2023 Arising Out of PS. Case No.-369 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Rajesh Mishra @ Rajesh Misir S/O Late Chandrashekhar Mishra @ Chandrashekhar Misir R/O Village- Salaha, P.S- Govindganj, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 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 Section 377 of the Indian Penal Code and Sections 4, 6 and 8 of the POCSO Act.

3. The allegation against the petitioner is of committing unnatural offence with the son of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner was not apprehended on spot. Petitioner is the cousin of the informant and victim is said to be nephew of the petitioner. There has been delay of six days in lodging the FIR. The statement of the victim has been recorded

Patna High Court CR. MISC. No.60275 of 2023(3) dt.06-12-2023 2/2 u/s 164 of the Cr.P.C., in which, he has not taken the name of the petitioner. There is no eye-witness of the alleged occurrence. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 29.06.2023.

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 6th Addl. Sessions Judge-cum-Spl. Judge, POCSO, Motihari at East Champaran in connection with Govindganj P.S. Case No. 369 of 2023.

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