Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73602 of 2024 Arising Out of PS. Case No.-730 Year-2021 Thana- DANAPUR District- Patna ====================================================== Chandan Kumar S/O Tarkeshvar Singh R/O Hathi Tola, P.S- Maner, Distt.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Devi W/O Late Sushil Dhangar Near T. Point, P.S.- Danapur, DistrictPatna present address not Known, Mobile No. 9431216951 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 354(A) of the Indian Penal Code and Sections 8 and 12 of the Protection of Children from Sexual Offences Act.

3. As per prosecution case, this petitioner along with one other accused person tried to sexually abuse the daughter of informant, who was working as maid for her livelihood.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, informant is tenant in the house of petitioner's uncle who has asked him to vacate the house due to non-payment of rent and this case has been lodged by the informant only with a

Patna High Court CR. MISC. No.73602 of 2024(2) dt.18-01-2025 2/2 view to harass the petitioner. It is further submitted that similarly situated co-accused, namely, Rakesh Kumar, has already been granted anticipatory bail by this Hon'ble Court vide order dated 05.07.2023 passed in Cr. Misc. No. 21309 of 2023. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge VII-cum-Exclusive Special Court (POCSO), Patna in connection with Special Case No. 150 of 2021 arising out of Danapur P. S. Case No. 730 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T