Manoj Kumar Choudhary @ Manoj Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82366 of 2023 Arising Out of PS. Case No.-46 Year-2022 Thana- MAHILA P.S. District- Samastipur ====================================================== Manoj Kumar Choudhary @ Manoj Choudhary, Son Of Late Karam Chandra Choudhary R/O Village- Kheghai Koraba, P.S.- Sangrampur, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Mayank Raj, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Samastipur Mahila P.S. Case No. 46 of 2022, lodged on 30.06.2022 under Sections 376, 354(B), 341, 323, 504, 506, 34 of the Indian Penal Code read with section 4/6 of the POCSO Act.

3. As per the prosecution case, FIR has been lodged against six named accused persons including the present petitioner against whom there is an allegation of rape and outrage of modesty in the FIR.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has strange relation with the local patrakars and it is due to this reason, on the instance of the

Patna High Court CR. MISC. No.82366 of 2023(3) dt.05-03-2024 2/2 patrakar, the present case has been filed with a view to teach him a lesson. Counsel further submits that the victim has deposed her evidence in the trial arising out of the present case as PW-1, in which she has denied the entire allegations made in the FIR.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 30.10.2023.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Addtional Sessions Judge-VIcum-Special Court (POCSO), Samastipur in connection with Samastipur Mahila P.S. Case No. 46 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T