Indal Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77509 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- VAISHALI District- Vaishali ====================================================== Indal Bhagat, Son of Surendra Bhagat, Resident of Village - Vijay Bhumi Karneji, Ward No. 05, P.S. - Vaishali (Belsar O.P.), District - Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Miss X Daughter of Jitendra Paswan, Resident of Village - Vijay Bhumi Karneji, P.S. - Vaishali (Belsar O.P.), District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :
Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard Mr. Manish Chandra Gandhi, 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 341, 323, 376, 511, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST (P.O.A.) Act as well as Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution is that the informant had gone for treatment of his younger daughter and his elder daughter was at the house with other brother and sister. The
Patna High Court CR. MISC. No.77509 of 2024(4) dt.27-02-2025 2/3 petitioner entered in his house and attempted to rape on the daughter of the informant. When he was objected, the petitioner threatened her of dire consequence.
4. Learned counsel for the petitioner submits that during course of investigation the victim has given her statement under Section 164 Cr.P.C. wherein she has stated that when she was feeding her goat and was in the fields, the petitioner arrived there and asked the victim to follow him to the fields. She has further stated that the petitioner wanted to do some illegal act with her and he has also threatened her. Learned counsel further submits that the wife of the petitioner has also filed a couter case. The date of the occurrence is 31.05.2024 while the case was filed on 04.06.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail of the petitioner. He submits that during medical examination age of the victim was assessed 16-17 years.
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 Vaishali (Belsar O.P.) P.S. Case no. 198 of 2024 on furnishing
Patna High Court CR. MISC. No.77509 of 2024(4) dt.27-02-2025 3/3 bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VIth-cum-Special Judge, POCSO, Hajipur, Vaishali.
7. Accordingly, the present bail application stand allowed.
(Ashok Kumar Pandey, J) durgesh/- U T