Patna High CourtCR. MISC./81687/2023allowed

Arvind Kumar v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81687 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- IMADPUR District- Bhojpur ====================================================== ARVIND KUMAR SON OF GAUTAM DAS R/O VILLAGE- MOAP KALA, P.S.- IMADPUR, DISTRICT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 sections 341, 506, 354(B) of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, allegation against the petitioner is of outraging the modesty of the minor daughter of the informant while she was going to sleep.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted that the FIR has been ldged on 27.9.2023 but the statement of victim has been recorded on 10.101.2023

Patna High Court CR. MISC. No.81687 of 2023(2) dt.18-12-2023 2/2 after 15 days from the date of occurrence and no explanation has been made regarding delay. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and he is languishing in judicial custody since 28.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Imadpur P.S. Case No. 96 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 6th Additional Sessions Judge-Cum-Special Court POCSO, Bhojpur at Ara.

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