Lal Babu Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82092 of 2023 Arising Out of PS. Case No.-299 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== LAL BABU PANDEY SON OF LATE RAMUDAAR PANDEY RESIDENT OF VILLAGE - BHUSARI, PS- SAMASTIPUR MUFASSIL, DISTTSAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhav Kumar For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 447, 448, 341, 323, 307, 379, 354B, 504,. 506, 34 of the Indian Penal Code and Sections 8 of the POCSO Act.
3. As per FIR, the informant alleged that co-accused tried to outrage modesty of the informant' daughter. Upon protest petitioner and co-accused persons came at her home and assaulted her and her family members.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.82092 of 2023(2) dt.19-12-2023 2/2 committed no offence. Both parties are agantes and due to previous land dispute he has falsely been implicated in this present case. The petitioner has no concern with the alleged occurrence and no any incriminating article has been recovered from conscious possession of the petitioner. It is further submitted the petitioner is languishing in judicial custody since 25.07.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samastipur Muffasil P.S. Case No. 299 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum Special Judge POCSO, Samastipur.
(Sunil Kumar Panwar, J) manishkumar/- U