Dularchandra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84701 of 2024 Arising Out of PS. Case No.-145 Year-2024 Thana- MANPUR District- Nalanda ====================================================== Dularchandra Son of Rinku Kumar @ Rinku Chauhan Resident of VillageBihsnapur, Police Station -Manpur, District- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXX D/O- XXX R/o- Village- Bishanpur, P.S.- Manpur, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ganesh Sharma, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126(2), 115(2), 74, 76, 79, 352, 351(2) of the BNS and Sections 8 and 12 of the POCSO Act.
3. The case of the prosecution is that the petitioner has caught the breast of the minor daughter of the informant while she had gone to ease herself when she objected the same, petitioner assaulted her. It is further alleged that when the other sister of the victim went to call the family members, petitioner fled away from there.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.84701 of 2024(3) dt.06-02-2025 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He further submitted that the only allegation against this petitioner is that of indecent behaviour. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 04.10.2024.
5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and learned counsel for the informant has submitted that in para-34 of the diary, it has come that the petitioner has threatened the informant of dire consequences.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manpur P.S. Case No. 145 of 2024 on 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-IIcum-Special Judge POCSO Biharsharif at Nalanda with a condition:- (i) Petitioner shall cooperate in the trial and shall not threaten the informant or her family members in any way,
Patna High Court CR. MISC. No.84701 of 2024(3) dt.06-02-2025 3/3 failing which, his bail bond may be cancelled. (Ashok Kumar Pandey, J) shubham/- U T