Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86054 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- MANER District- Patna ====================================================== Chandan Kumar, Male, aged about 24 years, S/O Kuleshwar Paswan @ Phuleshwar Paswan, R/O Vill.- Darveshpur, P.S- Maner, Dist- Patna (Bihar) ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sobha Devi, W/O Babban Paswan, R/O Vill.- Darbeshpur, P.S- Maner, DistPatna (Bihar) ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Shiv Shankar Prasad Yadavadav, Advocate For the State :

Mr. Ram Sumiran Rai, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Special Case (POCSO) No. 38 of 2024, arising out of Maner P.S. Case No. 79 of 2024 dated 05.02.2024 registered for the offences punishable under Sections 323, 341, 354, 504, 506 read with Section 34 of the I.P.C. and Sections 3/7 of the POCSO Act.

3. As per the prosecution case, on 05.02.2024 at about 8.00 P.M., the petitioner is alleged to have tried to molest the daughter of the informant while she was returning after call of nature from the field.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.86054 of 2024(2) dt.09-01-2025 2/2 that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a dispute of a passage between the parties. It is further submitted that due to the dispute the informant has created a shameful story of her case related to the molestation of her daughter. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 21.06.2024.

5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO)-cum-Additional Sessions Judge-7th, Patna Sadar in connection with Special Case (POCSO) No. 38 of 2024, arising out of Maner P.S. Case No. 79 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T