Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75875 of 2023 Arising Out of PS. Case No.-543 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Sunny Kumar S/O Surendra Ravidas R/O Village- Simra, Tola- Ghaur Daur, P.S.- Barachatti (Mohanpur) , District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner along with others is of assaulting and outraging the modesty to the informant.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.75875 of 2023(3) dt.24-01-2024 2/3 that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. He submitted that both the petitioner and the informant are door-todoor neighbour and a dispute for passage of drainage had taken place early in the morning and so this false case has been instituted. According to prosecution case, the victim has not stated that this petitioner established physical relationship with her but her statement has been recorded u/s 164 of the Cr.P.C. in which she stated that this petitioner committed rape upon her at the instance of solemnization of marriage. There is a major contradiction between both the statements of the victim. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 02.08.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.75875 of 2023(3) dt.24-01-2024 3/3 satisfaction of the learned Exclusive Special Judge(POCSO)- cum-Additional Sessions Judge-VII, Gaya in connection with Barachatti P.S. Case No. 543 of 2023.

(Sunil Kumar Panwar, J) Arish/- U