Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75427 of 2022 Arising Out of PS. Case No.-172 Year-2021 Thana- BARIYARPUR District- Munger ====================================================== RAJU SINGH S/O LATE PRATAP SINGH CHOUHAN Resident of villageKalyanpur, P.O.- Kalyanpur, Ward No- 1, Bariyarpur, District- Munger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Kumar Varma For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-03-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Bariyarpur P.S. Case No. 172 of 2021, registered for the offences punishable under Sections 341, 323, 354(B) of the Indian Penal Code and Section 8 of POCSO Act. There is allegation against the petitioner that he outraged the modesty of a minor girl of 12 years of age, along with co-accused Roushan Kumar, when she was travelling in an auto-rickshaw with her grandfather, who is the informant. The learned counsel for the petitioner has submitted that on similar footing co-accused Roushan Kumar has been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc. No. 38280 of 2022. The petitioner is under custody since 16.05.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on

Patna High Court CR. MISC. No.75427 of 2022(2) dt.27-03-2023 2/2 bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (POCSO Act)-cum-Additional Sessions Judge (VI), Munger in connection with Bariyarpur P.S. Case No. 172 of 2021, subject to the following conditions:- (i) That accused/petitioner shall not involve in the similar nature of offences, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) That accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents. (iii) That one of the bailors shall be Kamal Singh Chouhan, who is the brother of the petitioner and deponent of the present bail petition.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T