Prakash Sah @ Jai Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69491 of 2024 Arising Out of PS. Case No.-283 Year-2022 Thana- PIPRA District- Supaul ====================================================== Prakash Sah @ Jai Prakash Sah Son of Bechan Sah Village- Dulari Ward No 15 P.S. -Pipra District -Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dinesh Sah S/o Raghunandan Sah R/v - Dulari Ward No-15, P.S. - Pipra, Distt.- Supaul, ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Mr. Adarsh Singh, Advocate For the Informant/s :

Mr. Sudhir Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner; learned counsel for the informant Mr. Sudhir Kumar Thakur and Mr. Narendra Kumar Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 342, 354B of the Indian Penal Code and Section 8 of the POCSO Act.

3. The case of the prosecution is that the petitioner had attempted to outrage the modesty of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.69491 of 2024(4) dt.25-02-2025 2/3 falsely been implicated in this case. He has got no criminal antecedent. During course of investigation, the victim has also given her statement recorded under Section 164 of the Cr.P.C., wherein she has supported the case of the prosecution. Learned counsel for the petitioner has brought to the notice, the order of the co-ordinate Bench vide order dated 20.03.2024 passed in Cr. Misc. No. 10715 of 2024 wherein the coordinate Bench has directed the trial court to conclude the trial within four months, failing which, the petitioner will be at liberty to renew his prayer for bail. From that date, more than eleven months have elapsed and till now, the trial has not been concluded. Moreover, the petitioner is languishing in judicial custody since 01.12.2022.

5. Having regard to the above order of the Co-ordinate Bench, petitioner has pressed his prayer for bail.

6. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with

Patna High Court CR. MISC. No.69491 of 2024(4) dt.25-02-2025 3/3 Pipra P.S. Case No. 283 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cum-Special Judge POCSO, Supaul.

(Ashok Kumar Pandey, J) Sudhanshu/- U T