Anchu Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65160 of 2023 Arising Out of PS. Case No.-154 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== Anchu Gope S/O- Saina Gope Village- Lohgani Ps- Sohsarai Dist- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 354(B) of the Indian Penal Code and Sections 8/12 of the POCSO Act. As per prosecution case, the allegation against the petitioner is that he outraged the modesty of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the case of prosecution case detailed in the F.I.R. is entirely different from the statement given by the victim under Section 161 and 164 of the Cr.P.C. There is no physical assault has been committed by the petitioner with the victim. It is also submitted

Patna High Court CR. MISC. No.65160 of 2023(2) dt.13-10-2023 2/2 that a statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 22.05.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sohsarai P.S. Case No. 154 of 2023 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-VII-cum-Special Judge (POCSO), Nalanda at Biharsharif.

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