Dinesh Pandit @ Denesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78503 of 2024 Arising Out of PS. Case No.-329 Year-2024 Thana- SARAIYA District- Muzaffarpur ====================================================== Dinesh Pandit @ Denesh Pandit Son of Musafir Pandit @ Mosaphir Pandit Resident of Village - Rajarampur, P.S. - Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi D/O Arvind Ram R/O Village - Rajarampur, P.S.- Saraiya, DistMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the State :

Ms. Usha Kumari 1, APP For the Informant :

Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and Ms. Usha Kumari 1, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 76 & 65(2) of the B.N.S., under Sections 4 & 6 of the POCSO Act and under Section 3(2)(v) of the SC/ST Act.

3. The case of the prosecution in short is that on 18.07.2024 at 06:00 PM, informant has gone to take medicines as her minor daughter namely Abha Kumari was ill. Her daughter was alone at house. When the informant returned after an hour after taking medicines, her daughter started crying. When the informant asked her, she disclosed that the petitioner entered in the house and has disrobed her and has attempted oral

Patna High Court CR. MISC. No.78503 of 2024(5) dt.20-03-2025 2/2 sex with her.

4. Learned counsel for the petitioner submits that in this case the trial is in progress. In trial the informant and the victim have given their evidence which has been filed by the learned counsel for the petitioner through a supplementary affidavit. On perusal of the deposition of Pinki Devi (the informant) and the minor daughter of the informant, it transpires that they have straightforward denied the occurrence. The petitioner is in custody since 19.07.2024.

5. Learned APP appearing for the State has opposed the prayer of regular 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 released on bail in connection with Saraiya P.S. Case No. 116 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO CourtII, Muzaffarpur. (Ashok Kumar Pandey, J) durgesh/- U T