Ramlagan Mistri @ Ram Lagan Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.944 of 2023 Arising Out of PS. Case No.-500 Year-2022 Thana- AGAMKUAN District- Patna ====================================================== Ramlagan Mistri @ Ram Lagan Mistri Son Of Late Jogeshwar Mistri R/O Village- Chhoti Pahari, P.S.- Agam Kuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Singh For the Opposite Party/s :

Mr. Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 377 of the Indian Penal Code and sections 6 & 8 of the POCSO Act. As per FIR, the informant has made allegation against the petitioner is of committing unnatural offence with the minor son of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case by the informant due to local village politics. It is further submitted that the petitioner is 66 years old and he is suffering from many decease and cannot do such type of immoral Act. As per supplementary affidavit, it

Patna High Court CR. MISC. No.944 of 2023(3) dt.13-04-2023 2/2 appears that good sense has been prevailed between the parties. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 16.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Agam Kuan P.S. Case No. 500 of 2022 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 VII-cumExclusive Special Court (POCSO), Patna. (Sunil Kumar Panwar, J) Amandeep/- U T