Patna High CourtCR. MISC./79012/2023allowed

Prabhat Kumar @ Prabhat Suman v. The State Of Bihar

2023-12-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79012 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- LACHHUAR District- Jamui ====================================================== Prabhat Kumar @ Prabhat Suman Son Of Late Maheshwar Mahto Resident Of Village Darkha, Ps Lacchuar, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 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 341, 323, 354, 354D, 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner used to molest and tease her when she used to go to school. Thereafter the petitioner was caught by his family members and informed the police and from the possession of the petitioner one stolen motorcycle was also recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.79012 of 2023(2) dt.07-12-2023 2/2 committed no offence. The petitioner has not outraged the modesty of the victim rather he has falsely been implicated in this present case due to dirty village politics. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.09.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Lachuar P.S. Case No. 88 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 Additional Sessions Judge-I, Jamuicum Spl. Judge POCSO and SC/ST POA Act, Jamui. (Sunil Kumar Panwar, J) manishkumar/- U T