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Patna High CourtCR. MISC./79514/2023allowed

Shyam Prakash Lal v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79514 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- MAHILA P.S. District- Patna ====================================================== Shyam Prakash Lal S/O Jayram Lal Resident Of Village- Oldas Walidas, Police Station- Mehandia District- Arwal At Present Residing At VillageBairiya Renter Of Gautam Jee Ke Makan Me, P.S. Gopalpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 354(A) of the Indian Penal Code and Section 8 of the POCSO Act.

It is a case of commission of outraging the modesty of the minor daughter of the informant against the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that when the petitioner demanded his wages for the work

Patna High Court CR. MISC. No.79514 of 2023(2) dt.13-12-2023 2/2 done in the house of the informant, this false case has been registered against him. There is no medical report of the victim. The petitioner is languishing in custody since 14.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI-cum-Exclusive Special Judge, POCSO, Patna in connection with Special Case No. 230 of 2023, arising out of Patna Mahila P.S. Case No. 92 of 2023. (Sunil Kumar Panwar, J) Shageer/- U T