Baijnath Poddar @ Baijnath Poday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80934 of 2023 Arising Out of PS. Case No.-208 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Baijnath Poddar @ Baijnath Poday Son Of Late Surta Nand Poddar @ Late Sastanand Poddar Resident Of Village- Chapram Kothi Singrauli P.S.- Simri Bakhtiyarpur, District- Saharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 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 354(B) of the Indian Penal Code and Section 7, 8 of the POCSO Act.

3. As per prosecution case, allegation against the petitioner is of outraging the modesty of the informant who is victim of this case when she went to purchase goods from shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted vide para 7 of the petition that the mother

Patna High Court CR. MISC. No.80934 of 2023(2) dt.15-12-2023 2/2 of the victim took some rupees as debt from the petitioner for marriage of her sister and she did not return the said amount and when the petitioner asked for his rupees, she made a false story against the petitioner. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 28.4.2023.

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

6. 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 him on bail. The above named petitioner is directed to be released on bail in connection with Simri Bakhtiyarpur P.S. Case No. 208 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 ADJ-VI-Cum-Special Judge POCSO, Saharsa. (Sunil Kumar Panwar, J) Amandeep/- U T