Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69640 of 2022 Arising Out of PS. Case No.-233 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Raushan Kumar Son Of Jai Karan Sahani Resident Of Village - Jhahuri, P.S.- Kalyanpur, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No.1 For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 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 455, 354(B), 504, 506, of the Indian Penal Code and 8/11 of the POCSO Act. As per prosecution case, informant alleged that when her minor daughter, aged about 14 years, was alone at home, petitioner forcibly entered into the house and tried to misbehave. It is further alleged that petitioner caused injury to himself by knife, if the victim denies marriage with him. After raising alarm, the villagers came there and handed over the petitioner to the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. There

Patna High Court CR. MISC. No.69640 of 2022(2) dt.14-03-2023 2/2 is no any specific allegation of committing wrong with the victim against the petitioner in fact, petitioner was caught by the villagers and handed him over to police after assaulting him brutally. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.07.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kalyanpur P.S. Case No. 233 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VI cum Special Court (POCSO) Samastipur.

The trial court will be at liberty to cancel the bail bond of the petitioner, if he repeats the same nature of offence. (Sunil Kumar Panwar, J) Amandeep/- U T