Sanju Kumar Mali @ Sanjeev Prasad Malakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85272 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- MAHILA P.S. District- Patna ====================================================== Sanju Kumar Mali @ Sanjeev Prasad Malakar Son of Late Dharmnath Mali R/o Samppat Chak, P.S. - Gopalpur, Distt. - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Singh For the Opposite Party/s :
Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 343, 354(A), 376, 511 of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per allegation in the FIR, while the minor daughter of the informant was alone at her house, petitioner forcibly entered into her house and tried to commit rape. It is further stated that due to timely arrival of the informant, modesty of the victim girl was saved.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl recorded u/s
Patna High Court CR. MISC. No.85272 of 2023(2) dt.09-01-2024 2/2 164 Cr.P.C. has not supported the prosecution story. Petitioner has not committed rape with the victim girl. Petitioner is languishing in judicial custody since17.6.2023. Learned APP appearing for the State has opposed the prayer of Bail and submitted that victim has taken the name of the petitioner in her statement recorded u/s 161 Cr.P.C.. 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 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 Additional Sessions Judge VI-cum-Special Judge POCSO, Patna in connection with Mahila P.S. Case No. 57 of 2023. (Sunil Kumar Panwar, J) sushma/- U