Patna High CourtCR. MISC./76515/2023bail granted

Guddu Laiya v. The State Of Bihar

2024-02-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76515 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- PANJWARA District- Banka ====================================================== GUDDU LAIYA S/O CHUNMUNI LAIYA VILLAGE- BHATDIHA, PS. PANJWARA, DIST. BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Panjwara P.S Case no.97 of 2023 registered under sections 341, 323, 354B, 504 and 34 of the Indian Penal Code, section 8 of the POCSO Act and sections 3(i)(r)(s)/3(2)(va) of the SC/ST (POA) Act.

3. As per the prosecution case, the accused persons including the petitioner herein are said to have outraged the modesty of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such occurrence has taken place. The two other FIR named coaccused Rajesh Laiya and Gunjesh Laiya have been enlarged on

Patna High Court CR. MISC. No.76515 of 2023(3) dt.29-02-2024 2/2 bail vide order dated 18.12.2023 passed in Cr. Misc. no.81632 of 2023. The petitioner is in custody since 24.8.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having remained in custody for 6 months since 24.8.2023, his not having any criminal antecedent, charge-sheet having been submitted in the case and grant of bail to the two F.I.R named co-accused vide the aforesaid order dated 18.12.2023, the petitioner is directed to be enlarged on bail in connection with Panjwara P.S. Case no.97 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO), Banka.

(Partha Sarthy, J) Shiv/- U T