Patna High CourtCR. MISC./71768/2023bail granted

Raja Patel v. The State Of Bihar

2024-04-10Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71768 of 2023 Arising Out of PS. Case No.-175 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== RAJA PATEL, Son of Shatrudhan Patel @ Shatrudhan Ray Resident of Village-Shahbaja, P.S.-Sheohar, District-Sheohar. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Anu Kumari, W/s Shahil Patel, R/V-Sahwaja, P.S. +Dist- Sheohar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheohar P.S. Case No. 175 of 2023 dated 07.07.2023 registered for the offences punishable u/ss 341, 323, 307 and 504 read with section 34 of the Indian Penal Code and Sections 7 and 8 of the POCSO Act.

3. As per the prosecution case, the co-accused person Sujeet Kumar @ Bhim is alleged to have involved in sexual assault with the minor daughter of the informant and when the informant and her family members had gone to complain against the accused, all his family members including the petitioner started abusing and assaulting them with bricks and bamboo due to that

Patna High Court CR. MISC. No.71768 of 2023(6) dt.10-04-2024 2/2 the informant's mother-in-law got injured severely.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of sexual assault is against the coaccused Sujeet Kumar @ Bhim and the petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by this court vide order dated 12.10.2023 passed in Cr. Misc. No. 64852 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheohar in connection with Sheohar P.S. Case No. 175 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T