Nawlesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.442 of 2024 Arising Out of PS. Case No.-540 Year-2023 Thana- RAJGIR District- Nalanda ====================================================== Nawlesh Chaudhary Son of Jogi Chaudhary@Yogendra Choudhary @ YOGI CHAUDHARI Resident of Village -kamalbigha,P.S.-Rajgir, District -Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 354(B), 504, 506 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

3. It is a case of outraging the modesty of the informant's niece by the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner and victim both are neighbours and there is dispute of lane between the petitioner and father of the victim.

Patna High Court CR. MISC. No.442 of 2024(2) dt.15-01-2024 2/2 The F.I.R. has been lodged after the delay two days. There is no eye witness of the alleged occurrence. No independent witness has supported the allegation against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 20.10.2023.

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 7th Additional Sessions Judge-cumSpecial Judge, POCSO, Biharsharif, Nalanda in connection with Rajgir P.S. Case No. 540 of 2023.

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