Pawan Yadav @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64030 of 2022 Arising Out of PS. Case No.-396 Year-2022 Thana- BARUN District- Aurangabad ====================================================== PAWAN YADAV @ PAWAN KUMAR S/o Rajaram Yadav @ Rajaram Singh R/o Village- Gothauli, P.S.- Barun, Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Barun P.S. Case No. 396 of 2022 registered for the offence punishable under Section 354 of the Indian Penal Code. As per allegation in the FIR, informant alleged that while she was going to her old house, on the way her own villager namely, Pawan Yadav (Petitioner) caught her hand with bad intention and tried to outrage her modesty. When she shouted, petitioner fled away from the place of occurrence thereafter, this case has been registered.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and committed no offence. There was a prior dispute took place between the informant and the

Patna High Court CR. MISC. No.64030 of 2022(2) dt.21-02-2023 2/2 petitioner regarding grazing of plant of paddy due to which the petitioner has falsely been made accused in the present case. It is further submitted that the petitioner has no intention to commit any wrong rather he only caught hold the informant's hand from behind. As per the FIR, it is evident that occurrence took place on 30.8.2022 but FIR has been lodged in delay on 3.9.2022. Moreover, the petitioner is languishing in judicial custody since 4.9.2022.

Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Aurangabad in connection with Barun P.S. Case No. 396 of 2022.

(Sunil Kumar Panwar, J) Aman/Manish U T