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Patna High CourtCR. MISC./71052/2022allowed

Sonu Choudhary v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71052 of 2022 Arising Out of PS. Case No.-222 Year-2022 Thana- AURAI District- Muzaffarpur ====================================================== 1.

SONU CHOUDHARY Son of Krishna Chaudhary R/V- Shambhuta, P.SAurai, Dist- Muzaffarpur 2.

Deepak Kamti Son of Late Jagdish Kamati R/V- Shambhuta, P.S- Aurai, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 342, 323, 307, 354(B), 376, 376DB,34 of the Indian Penal Code and Sections 4, 6, 8 of the POCSO Act.

As per allegation in the FIR, petitioners along with other accused persons have assaulted the daughter of the informant and tried to outrage her modesty.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. In her

Patna High Court CR. MISC. No.71052 of 2022(3) dt.18-04-2023 2/2 statement u/s 164 Cr.P.C., she has not whispered in respect of commission of rape against anyone. Petitioners are quite innocent person and they have not committed any offence. There is no criminal antecedent against the petitioners and they are languishing in judicial custody since 4.10.2022. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Spl. Judge POCSO Act, Muzaffarpur in connection with Aurai P.S. Case No. 222 of 2022.

(Sunil Kumar Panwar, J) sushma/- U