Patna High CourtCR. MISC./61682/2023allowed

Deepak Kumar v. The State Of Bihar

2023-12-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61682 of 2023 Arising Out of PS. Case No.-415 Year-2020 Thana- SAUR BAZAR District- Saharsa ====================================================== DEEPAK KUMAR S/O MAKSUDAN MANDAL R/O VILLAGEGAURABHGARH, P.S- SOURBAZAR, DISTT.- SAHARSA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Jha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 306 of the Indian Penal Code later on Sections 302, 376DB of the IPC and Section 6 of the POCSO Act.

3. As per FIR, the allegation against the co-accused, namely, Sachin Kumar is that due to his abatement daughter of the informant committed suicide.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. There is no specific

Patna High Court CR. MISC. No.61682 of 2023(3) dt.15-12-2023 2/2 allegation of abatement levelled against the petitioner rather it has been levelled against co-accused. TIP has not been held till date. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 06.04.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sourbazar Patarghat O.P. P.S. Case No. 415 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum Special Judge POCSO, Sahara.

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