Gyan Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1108 of 2023 Arising Out of PS. Case No.-489 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Gyan Prakash S/O Ramchandra Sharma @ Rameshwar Sharma R/O Village - Mogalpura, P.S. Bakhtiyarpur, Dist- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 354, 354(B), 354(C) of the Indian Penal Code, Sections 4, 8, 12 of the POCSO Act and Sections 3(1)(r) (w)(i)(ii) of the SC & ST (Prevention of Atrocities) Act. It is alleged against the petitioner that the petitioner being teacher of the informant had made an attempt to outrage her modesty and threatened to kill

Patna High Court CR. MISC. No.1108 of 2023(3) dt.27-06-2023 2/3 her.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 17.08.2022, F.I.R was registered on 19.08.2022 without explaining the delay. There is no consistent material evidence against the petitioner during investigation. The petitioner is languishing in custody since 20.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Patna in

Patna High Court CR. MISC. No.1108 of 2023(3) dt.27-06-2023 3/3 connection with Patrakar Nagar P.S. Case No. 489 of 2022.

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