Kuldeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70730 of 2022 Arising Out of PS. Case No.-613 Year-2022 Thana- BANKA District- Banka ====================================================== 1.

Kuldeep Yadav Son Of Ram Lal Yadav R/O Village- Singho, P.S.- Banka (Sadar), District- Banka 2.

Bijay Kumar @ Vijay Kumar Son Of Kokan Yadav R/O Village- Singho, P.S.- Banka (Sadar), District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aditya Nath Pandey For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections, 341, 323, 448, 354/34 of the Indian Penal Code and Section 12 of the POCSO Act.

Prosecution case relates to outraging the modesty of informant's daughter, aged about 17 years, by these petitioners along with co-accused persons.

Learned counsel for the petitioner submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in the present case due to dirty

Patna High Court CR. MISC. No.70730 of 2022(2) dt.28-02-2023 2/2 village politics. There is general and omnibus allegation leveled against the petitioners. It is further submitted that one of the accused persons are relative of the victim who along with the petitioners went to meet her but they were framed in false case. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. It is further submitted that the petitioners are languishing in judicial custody since 5.10.2022.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Banka P.S. Case No. 613 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-6-cum-Special Judge, POCSO, Banka. (Sunil Kumar Panwar, J) Amandeep/- U T