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Patna High CourtCR. MISC./83748/2023allowed

Raju Kumar @ Raju Ranjan Kumar v. The State Of Bihar

2024-01-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83748 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- SIGAUDI District- Patna ====================================================== RAJU KUMAR @ RAJU RANJAN KUMAR SON OF LAKHAN YADAV @ LALA YADAV @ SANTOSH YADAV @ SANTOSH KUMAR R/O CHANDOS MATHIYA, P.S.- SIGORI, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanu Deo For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 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 341, 379, 354, 504/34 of the Indian Penal Code and later on added Sections 8 and 12 of the POCSO Act.

3. The allegation against the petitioner along with others is of outraging the modesty to the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. From the perusal of the FIR, there was no source of light at the alleged place of occurrence at the relevant point of time that would ensure accurate and pin pointed identification of the miscreants

Patna High Court CR. MISC. No.83748 of 2023(2) dt.04-01-2024 2/2 involved in the incident. It is further been submitted by the victim in her statements recorded u/s 164 of the Cr.P.C. that she did not recognize any of the miscreants and she had named this petitioner upon being told by other persons. He further submitted that good sense has been prevailed between the parties and in support of this annexure-2 is annexed with this petition. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.05.2023.

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 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 Court concerned in connection with Sigaudi P.S. Case No. 62 of 2023.

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