Patna High CourtCR. MISC./78384/2023allowed

Md. Pappu v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78384 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- GANGABRIDGE District- Vaishali ====================================================== MD. PAPPU SON OF MD. SAHIN @ MD. SAIM RESIDENT OF VILLAGE - SHERPUR MOHABBATPUR, P.S. - GANGA BRIDGE, DISTRICT - VAISHALI (HAJIPUR) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 323, 341, 354B/34 of the Indian Penal Code and Sections 3/4 of the POCSO Act.

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

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is a case and counter case between the parties. He submitted that there is general and omnibus allegation against the petitioner

Patna High Court CR. MISC. No.78384 of 2023(2) dt.06-12-2023 2/2 rather the specific allegation against co-accused Raja Khalifa. There is no specific overt act of assault against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.08.2023.

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 satisfaction of the learned District and Sessions Judge-cumSpecial Judge, POCSO, Hajipur, Vaishali in connection with Gangabridge P.S. Case No. 66 of 2023.

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