Durgesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69892 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- Bypass District- Bhagalpur ====================================================== Durgesh Kumar, S/o- Savdesh Kumar, R/Vill- Khutaha, PS- Bypass, DistBhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dinesh Das, S/o- Late Charan Das, R/Vill- Khutaha Ps- Bypass, DistBhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2025 Heard Mr. Rajive Ranjan Singh, learned counsel for the petitioner and Mr. Bharat Lal, learned APP for the State.
2. The petitioner has prayed for bail in connection with Bypass P.S. Case No. 150 of 2024 registered for the offence punishable under Sections 126(2), 127(2), 77, 352 and 3(5) of B.N.S. and Section 3⁄4 of POCSO Act.
3. The case of the prosecution is that the petitioner along with others took the minor daughter of the informant to a secluded place with a purpose of outraging her modesty. It is further alleged that the victim raised alarm due to which the informant and others reached there and the accused persons fled away.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.69892 of 2025(2) dt.08-10-2025 2/2 has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. There is only allegation that petitioner along with others has attempted to outrage the modesty. It has also been submitted that the occurrence is of 21.11.2024 and this case has been filed on 30.11.2024. There is delay of nine days in filing the case. It has also been submitted that the delay has not been explained. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 28.04.2025.
5. Learned APP appearing for the State has vehemently opposed the application for bail.
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 Exclusive Special Court of POCSO-cum-District and Additional Sessions Judge 6th, Bhagalpur in connection with Bypass P.S. Case No. 150 of 2024.
(Ashok Kumar Pandey, J) lata/- U T