Patna High CourtCR. MISC./84884/2023allowed

Mantosh Yadav @ Mantosh Kumar v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84884 of 2023 Arising Out of PS. Case No.-785 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== MANTOSH YADAV @ MANTOSH KUMAR son of Hari yadav VillageKeshovan Parsa W.No-3, Ps- Majhauliya Dist- W.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 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, 354A, 323, 506/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. As per FIR, the informant alleged that the petitioner used to torture and try to outrage modesty of her minor daughter when she used to go to school.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. The petitioner has

Patna High Court CR. MISC. No.84884 of 2023(2) dt.09-01-2024 2/2 not committed any with the informant's daughter. There is case and counter case between the parties. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.10.2023.

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 Majhauliya P.S. Case No. 785 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-VI cum Special JudgePOCSO, Bettiah District West Champaran. (Sunil Kumar Panwar, J) manishkumar/- U