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Patna High CourtCR. MISC./81922/2023allowed

Md. Gulfaraj @ Md. Gutakraj v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81922 of 2023 Arising Out of PS. Case No.-204 Year-2023 Thana- PIRPAINTI District- Bhagalpur ====================================================== Md. Gulfaraj @ Md. Gutakraj Son Of Md. Bhaggo Resident Of Village - Simanpur, P.S. - Pirpainti, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar No.6 For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 452, 376 and 511 of the Indian Penal Code and later on chargesheet submitted under Section 8 of the POCSO Act.

3. As per prosecution case, when the informant/victim was sleeping in her house, the petitioner entered into her house and tried to outrage her modesty.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He has further submitted that there was love affair between the petitioner and informant and there is no injury on external or internal part of the body of the victim. He

Patna High Court CR. MISC. No.81922 of 2023(2) dt.19-12-2023 2/2 is languishing in judicial custody since 18.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge (POCSO) cum 7th Addl. Sessions Judge, Bhagalpur in connection with Pirpainti P.S. Case No. 204 of 2023.

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