Tuntun Yadav @ Anshu Yadav @ Tuntun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2021 of 2024 Arising Out of PS. Case No.-142 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Tuntun Yadav @ Anshu Yadav @ Tuntun Kumar S/O Rampravesh Yadav R/O Village- Shaadipur, P.S.- Buniyaadganj, District- Gaya, Bihar ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Roshni Kumari @ Roshni Sinha D/O Pappu Lal R/O Village- Shaadipur, P.S.- Buniyaadganj, District- Gaya, Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP For the Informant :
Md. Shahid Jawed, Advocate Md. Noumaan Ahmed, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-04-2024
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has preferred this application for grant of regular bail in connection with Buniyad Ganj P.S. Case no. 142 of 2022 registered under sections 448 and 354B of the Indian Penal Code and sections 8 and 12 of POCSO Act.
3. As per the prosecution case, the informant states that while she was sitting in her shop in the market, the petitioner who was in an intoxicated state came there and started to force himself upon her. He bit her right cheek and on halla being raised, escaped.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of his
Patna High Court CR. MISC. No.2021 of 2024(3) dt.09-04-2024 2/2 antecedents. No such occurrence as alleged has taken place. He is in custody since 25.8.2023 and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State and learned counsel for the informant. Learned counsel for the informant submits that besides the petitioner having criminal antecedents, he is also accused in the instant case which is under the POCSO Act.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R together with the petitioner having remained in custody for 7 months since 25.8.2023 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Buniyad Ganj P.S. Case no. 142 of 2022, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cum-Special Judge POCSO, Gaya. (Partha Sarthy, J) Harsh/- U T