Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81666 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- JURAWANPUR District- Vaishali ====================================================== Sonu Kumar, Son of Naresh Rai, Resident of Village - Shiv Nagar Purani, P.S. - Jurawanpur, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rupa Kumari, Adv.
For the Opposite Party/s :
Md. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-01-2024 Heard Ms. Rupa Kumari, learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jurawanpur P.S. Case No. 191 of 2022 registered for the offences punishable under Sections 341, 323, 354, 354B, 504 and 506/34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.
3. Allegedly, while the daughter of the informant aged about twelve years had gone to attend the call of nature, in the meantime, the petitioner along with co-accused Baiju Rai caught hold her and started dragging towards southern side with an ulterior motive. They also tried to outrage her modesty. On hulla, when the family members of the victim came, the accused persons threatened them with dire consequence.
Patna High Court CR. MISC. No.81666 of 2023(2) dt.10-01-2024 2/3
4. It is submitted on behalf of the petitioner that the present FIR has been instituted on account of long standing dispute between the informant with co-accused Baiju Rai and the petitioner is none else but the driver of said Baiju Rai. It is further submitted that the alleged occurrence is said to have taken place on 12.12.2022 but the FIR has been instituted after a delay of three days on 15.12.2022. It is next submitted that on account of intervention of the respected persons of the society, good sense has prevailed and the informant has filed a petition before the learned court below that he does not want to pursue the litigation. It is lastly submitted that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court or in the investigation.
5. On the other hand, learned counsel for the State opposed the bail application and submitted that the specific allegation of eve teasing has been made.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation and the delay in lodging of the FIR, coupled with the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.81666 of 2023(2) dt.10-01-2024 3/3 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 Judge POCSO, Vaishali at Hajipur in connection with Jurawanpur P.S. Case No. 191 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T