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Patna High CourtCR. MISC./63580/2023allowed

Santosh Ram v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 63580 of 2023 Arising Out of PS. Case No.-156 Year-2023 Thana- KARAKAT District- Rohtas ====================================================== 1.

Santosh Ram S/O Aansiya Ram R/O Village- Bharthadih, Ps. Karakat, Dist. Rohtas 2.

Neeraj Kumar S/O Krishna Ram R/O Village- Bharthadih, Ps. Karakat, Dist. Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 363, 354-B/34 of the Indian Penal Code and Section 8 of POCSO Act.

As per allegation in the FIR, three boys came on motorcycle and surrounded the informant and forcibly took her by motorcycle and brought to wheat crop and tried to outrage her modesty. Two of them including the petitioner were apprehended by the local persons.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. All the

Patna High Court CR. MISC. No. 63580 of 2023(2) dt.11-10-2023 2/2 accused persons are cousin and neighbour of the informant. Only with a view to harass the petitioners, they have been made accused with false and concocted story. In fact, petitioners are labours and they asked for their wages from the father of the informant on which they lodged the FIR. They have not misbehaved or physically abused the victim girl. Petitioners have got clean antecedent and languishing in judicial custody since 5.6.2023.

The application for bail is opposed by learned APP for the State and submitted that victim girl is author of the FIR. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ADJ VII, Rohtas at Sasaram in connection with Karakat P.S. Case No.156 of 2023.

(Sunil Kumar Panwar, J) sushma/- U