Sanjay Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78710 of 2023 Arising Out of PS. Case No.-137 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Sanjay Mukhiya S/O Mahendra Mukhiya Village- Narayanpur, Ward No. 12, Ps. Bhaptiyahi, Dist. Supaul.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the State :

Mr. Anish Chandra, APP For the Informant :

Mr. Nafissuzoha with Ms. Rabiya Gulnaz, Advocates.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 354B of the IPC and Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner is of outraging the modesty to the informant's minor daughter.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that much prior of the alleged occurrence the petitioner filed Bhaptiyahi P.S. Case No. 113 of 2023 against the neighbor namely, Ravindra Mukhiya of the informant and on the instigation of the above mentioned

Patna High Court CR. MISC. No.78710 of 2023(3) dt.29-02-2024 2/2 neighbor of the informant the instant false and fabricated case has been filed against the petitioner to put pressure upon the him to withdraw the Bhaptiyahi P.S. Case No. 113 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 22.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the 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 A.D.J.-VI-cum-Special Judge, POCSO Act, Supaul in connection with Bhaptiyahi P.S. Case No. 137 of 2023.

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