Babloo Kumar @ Babloo Deo Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73289 of 2022 Arising Out of PS. Case No.-118 Year-2022 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Babloo Kumar @ Babloo Deo Kumar S/O Tulsi Mahto Resident of villageKoraiya Samanpur P.S.- Kundwachainpur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Kundwachainpur P.S. Case No. 118 of 2022 registered for the offence under Sections 456, 341, 323, 354, 379, 504, 506 448 and 34 of the Indian Penal Code (For short 'I.P.C.') read with Section 08 of the POCSO Act.
The accused/petitioner is named in the F.I.R. and is in custody since 18.10.2022.
The allegation against the petitioner is to outrage the modesty of daughter of the informant, who is alleged to be
Patna High Court CR. MISC. No.73289 of 2022(2) dt.20-03-2023 2/3 minor at the time of occurrence, aged about 16 years, after entering into the house.
Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely in present case, who is none but the uncle of the victim. It is submitted that several disputes are pending between the parties and out of the enmities, the present false case was lodged after inordinate and unexplained delay of 20 days. It is pointed out that prior to this occurrence, the father of petitioner was lodged a complaint case against informant and others before the learned Court of S.D.J.M. Sikrahana Vide C-149 of 2022 and in retaliation the present case was lodged to create a pressure to get compromised in said complaint case. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP for the State opposes the prayer of bail. Considering the facts and circumstances as mentioned above and by taking note of the delayed F.I.R., where petitioner is in custody since 18.10.2022 coupled with the fact that chargesheet has already been submitted, let the petitioner, above
Patna High Court CR. MISC. No.73289 of 2022(2) dt.20-03-2023 3/3 named, is directed to be released on bail in connection with Kundwachainpur P.S. Case No. 118 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 learned 6h Additional Sessions Judge, POCSO, East Champaran, Motihari/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U