Harihar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63086 of 2024 Arising Out of PS. Case No.-156 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Harihar Ray, Son of Durga Ray, R/O Village - Sultanpur, P.S.- Industrial Area, District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Miss X, Daughter of Amlesh Rai, R/O Village - Sultanpur, P.S.- Industrial Area, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Mr. Arun Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Industrial Area P.S. Case No. 156 of 2023 registered for the offence punishable under Sections 341, 323, 307, 354, 379, 376/511 read with Section 34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012.
3. As per prosecution case, petitioner along with coaccused Chandan Ray were drinking wine inside the bathan (shed) and the informant went there to lit the lamp, they tried to molest the informant and on protest they assaulted the informant with iron rod and also torn her clothes. It is further alleged that
Patna High Court CR. MISC. No.63086 of 2024(2) dt.30-08-2024 2/3 co-accused persons also came there and assaulted the informant, her mother and cousin brother namely Pramod Kumar.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that from the injury report neither the informant nor the family members of the informant has sustained injury as alleged. The informant in the trial of the other co-accused has not supported the prosecution case. He further submits that similarly situated co-accused namely Ravindra Ray, has already been granted anticipatory bail by this Court vide order dated 07.08.2024 passed in Cr. Misc. No. 44542 of 2024. Petitioner is in custody since 26.06.2024, having no criminal antecedent.
5. Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VIth-cum-Special Judge, POCSO, Hajipur,
Patna High Court CR. MISC. No.63086 of 2024(2) dt.30-08-2024 3/3 Vaishali, in connection with Industrial Area P.S. Case No. 156 of 2023.
(Sunil Dutta Mishra, J) khushbu/- U T