Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71604 of 2022 Arising Out of PS. Case No.-169 Year-2022 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Shyam Kumar Son Of Arun Singh R/V- Chakpar, Rajgir, P.S- Rajgir, DistNalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Shanu For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Nemchak Bathani P.S. Case No. 169 of 2022 registered under sections 504, 506, 354(B), 366(A) and 511 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

Allegation against the petitioner along with other coaccused person is that they attempted to abduct the daughter of the informant and tried to outrage her modesty. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that as alleged, the petitioner along with one co-accused attempted to abduct his daughter on weapon point but as per seizure list, no

Patna High Court CR. MISC. No.71604 of 2022(2) dt.17-03-2023 2/2 weapon or incriminating article has been recovered from the petitioner. It is also submitted that no case of POCSO Act is made out against the petitioner and co-accused as they have not touched the body of the victim girl. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 09.09.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nemchak Bathani P.S. Case No. 169 of 2022 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 Court of Exclusive Special Judge, POCSO cum Additional Sessions Judge-VII, Gaya.

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