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Patna High CourtCR. MISC./81632/2023allowed

Rajesh Laiya v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81632 of 2023 Arising Out of PS. Case No.-97 Year-2023 Thana- PANJWARA District- Banka ====================================================== 1.

Rajesh Laiya S/O Naveen Laiya Village- Bhatdiha, Ps. Panjwara, Dist. Banka.

2.

Gunjesh Laiya S/O Bhofu Laiya @ Bhote Laiya Village- Bhatdiha, Ps. Panjwara, Dist. Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 341, 323, 354B, 504/34 of the Indian Penal Code, Section 8 of the POCSO Act and Sections 3(i)(r)(s)/3(2)(va) of the SC/ST (POA) Act.

3. The allegation against the petitioners along with others is of outraging the modesty to the informant's daughters.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. He submitted that the petitioners and informant are close door neighbour and

Patna High Court CR. MISC. No.81632 of 2023(2) dt.18-12-2023 2/2 series of litigation of petty dispute is cropped up between the parties. He further submitted that no bad deeds were done by this petitioners, they only to tease pour water not with bad intention but it was given the colour of bad intention to cause or to malign career of the petitioners. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 24.08.2023.

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 as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cumSpecial Judge (POCSO), Banka in connection with Panjwara P.S. Case No. 97 of 2023.

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