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Patna High CourtCR. MISC./68802/2023allowed

Bineet Kumar Singh @ Bineet Kumar @ Bineet Singh v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68802 of 2023 Arising Out of PS. Case No.-278 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Bineet Kumar Singh @ Bineet Kumar @ Bineet Singh S/O Sri Suryanandan Singh R/O Village- Sainik Colony, P.S- Magadh Medical, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 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, 448, 323, 354 B of the Indian Penal Code and Sections 3(1)(w)(i), 3(2)(v) (a) of the SC/ST Act and Sections 8 and 12 of the POCSO Act.

3. It is a case of outraging the modesty of informant's daughter by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case only because he oppose the informant in her business of

Patna High Court CR. MISC. No.68802 of 2023(3) dt.09-01-2024 2/2 illicit liquor. There is no physical assault has been committed by the petitioner with the victim as per the statement of the victim recorded under Section 164 of the Cr.P.C. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 06.06.2023.

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 as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. 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 Special Judge, POCSO-cum- Additional Session Judge 7th , Gaya in connection with Magadh Medical P.S. Case No. 278 of 2023.

(Sunil Kumar Panwar, J) lata/- U T