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Patna High CourtCR. MISC./6055/2023allowed

Abhimanyu Kapoor v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6055 of 2023 Arising Out of PS. Case No.-135 Year-2022 Thana- SIRDALA District- Nawada ====================================================== 1.

ABHIMANYU KAPOOR Son of Seth Kapoor R/V- Fatehpur P.s-Sirdala Dist- Nawada 2.

Manjit Kumar Son of Sudam Raut R/V- Fatehpur P.s-Sirdala Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 354, 354A, 354D, 323, 504, 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

The allegation against the petitioners along with others is of outraging the modesty with the informant's daughter and assaulting, when she was returning to her house after watching the programme of MATKA damaging.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. From the perusal of the impugned

Patna High Court CR. MISC. No.6055 of 2023(2) dt.02-05-2023 2/2 order, it appears that the victim girl does not whispered about the complicity of these petitioners and others accused persons. The victim girl has not taken the name of these petitioners. They are languishing in judicial custody since 09.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VIth-cum-Spl. Judge, POCSO Act in connection with Sirdala P.S. Case No. 135 of 2022.

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