Dilip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2330 of 2023 Arising Out of PS. Case No.-79 Year-2022 Thana- SRINAGAR District- West Champaran ====================================================== Dilip Yadav Son Of Umesh Yadav Resident Of Village - Ranha Bintolia, P.S.- Srinagar, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Kishun Prasad For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 354(B), 354(c)/34 of the Indian Penal Code and Sections 8, 14, 15, 18 of POCSO Act.

The allegation against the petitioner and other co-accused person is that they outraged the modesty of minor daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.2330 of 2023(3) dt.20-04-2023 2/3 falsely been implicated in the present case. There is land dispute between the parties. There is no eye witness of the alleged occurrence. From perusal of impugned order, as per statement of victim, recorded under Section 164 of Cr.P.C., she has not stated about commission of rape. Moreover, the petitioner is languishing in judicial custody since 22.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Srinagar P.S. Case No. 79 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 the learned Special Judge POCSO-

Patna High Court CR. MISC. No.2330 of 2023(3) dt.20-04-2023 3/3 cum-A.D.J. VI, Bettiah, West Champaran.

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