Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76080 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- Badem P.S. District- Aurangabad ====================================================== Ajay Yadav, S/o- Rajendra Yadav, R/o Village- Sasana khalora, P.S.- Badem, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amrita Kumari, D/o Surendra Yadav, R/o Village-Sasana Khalora, P.S.- Badem, District-Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar, Advocate For the State :

Mr.Shahabuddin Azeem @ S. Azeem, APP For the Informant :

Mr. Binod Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner, learned counsel for the informant and Mr. Shahabuddin Azeem @ S. Azeem, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Badem P.S. Case no. 52 of 2024 instituted for the offence under Sections 126(2), 76, 352, 351(2)(3) of B.N.S. and Sections 8/12 of the POCSO Act.

3. The case of the prosecution is that on the date of the occurrence, the cousin of the informant/victim pulled the dupatta of the victim and attempted to tease her. From the F.I.R. itself, it is clear that on the date of the occurrence the brother-in-

Patna High Court CR. MISC. No.76080 of 2024(2) dt.22-11-2024 2/3 law of the victim had come there and victim was serving meals to him. When he went to attend a call, this incident took place.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has been argued that the brother-in-law of the informant/victim owns Rs. 26,000/- of the petitioner and he has been framed in this case only with a view to avoid that amount. From perusal of the F.I.R., it is clear that the only allegation against the petitioner to tease the informant. The petitioner is having no criminal antecedent.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Badem P.S. Case no. 52 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.76080 of 2024(2) dt.22-11-2024 3/3 satisfaction of learned Additional Sessions Judge-VI-cumSpecial Exclusive Judge (POCSO), Civil Court, Aurangabad (Bihar), subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T