Patna High CourtCR. MISC./69106/2023allowed

Kundan Jha v. The State Of Bihar

2023-10-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69106 of 2023 Arising Out of PS. Case No.-332 Year-2021 Thana- BAJPATTI District- Sitamarhi ====================================================== Kundan Jha Son of Vijay Jha Resident of Village - Bhalni, P.s. - Bajpatti, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashhar Mustafa For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 354(B), 354(D)(i), 34 of the Indian Penal Code and section 8 of POCSO Act.

3. As per allegation in the FIR, three accused persons including the petitioner intercepted the informant/victim girl and on knife point tried to get her on motorcycle but on alarm being raised by her, nearby people gathered there and one of the miscreants, namely, Satvir Sah was arrested on spot, who disclosed the name of the petitioner as one of his associates.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Co-

Patna High Court CR. MISC. No.69106 of 2023(2) dt.17-10-2023 2/2 accused Satvir Singh, who was arrested on spot and disclosed the name of the petitioner, has already been enlarged on bail vide order dated 9.9.2022 passed in Cr. Misc. No. 4541 of 2022. Petitioner is languishing in judicial custody since 30.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. 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 Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Sitamarhi in connection with Bajpatti P.S. Case No. 332 of 2021.

(Sunil Kumar Panwar, J) sushma/- U