Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86846 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Deepak Kumar Son of Snehi Paswan @ Sanehi Paswan @ Ram Snehi Paswan Village- Kurauta PS- Lakhisarai District -Lakhisarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

xx NA village- Kurauta, Ps- Lakhisarai, Dist- Lakhisarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhukar Anand, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Lakhisarai Mahila P.S. Case No. 08 of 2024 instituted for the offence under Sections 341, 323, 354, 354(A), 354(B), 354(D), 506 & 34 of the Indian Penal Code and Sections 8 & 10 of the POCSO Act.

3.

As per prosecution case, accusation against the petitioner is of molesting, eve-teasing and disrobing the minor daughter of the informant with the intention of dishonouring her. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-10-2024. Petitioner

Patna High Court CR. MISC. No.86846 of 2024(4) dt.07-04-2025 2/3 bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that the present case is the counter blast of the earlier case lodged by the petitioner's side bearing Lakhisarai SC/ST PS Case No. 03 of 2024. There is delay of three days in lodging the FIR. Learned counsel submits it is very improbable that alleged occurrence could be committed in broad day light within open sky. It is submitted that torn clothes were not recovered during course of investigation. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim in her statement recorded under Section 161 and 164 of the Cr.P.C. has fully supported the prosecution case. Moreover other witnesses have also supported the prosecution case, which fact finds mention at paragraph Nos. 2, 3, 7 & 8 of the case diary.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being case and counter case between the parties and charge sheet being

Patna High Court CR. MISC. No.86846 of 2024(4) dt.07-04-2025 3/3 submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai Mahila P.S. Case No. 08 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T