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Patna High CourtCR. MISC./63806/2022bail granted

Sudhakar Mishra v. The State Of Bihar

2023-01-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63806 of 2022 Arising Out of PS. Case No.-423 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== SUDHAKAR MISHRA Son of Vimal Mishra @ Vimal Kumar Mishra Resident of Village- Sisua, P.S.- Harpur, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RANI DEVI Wife of Late Mithilesh Jha Resident of Village- Parsando, P.S.- Kharagpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kharagpur P.S. Case No.423 of 2021 registered under Section 366A of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner and the victim are husband and wife. The victim in a complaint case, filed against her mother (informant) has deposed her date of birth as January, 2001 (Annexure 2). He further submits that the informant (mother of the victim) filed an affidavit stating that she had filed the present case against the

Patna High Court CR. MISC. No.63806 of 2022(3) dt.16-01-2023 2/2 petitioner due to lack of true information as is evident from Annexure 3. The petitioner has got no criminal antecedent. Having considered the above facts and circumstances of the case and the submissions advanced on behalf of the parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge VI, Munger in connection with Kharagpur P.S. Case No.423 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Harish/- (Arvind Srivastava, J) U T