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Patna High CourtCR. MISC./86260/2023allowed

Sadhu Sao @ Raj Kumar v. The State Of Bihar

2024-01-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86260 of 2023 Arising Out of PS. Case No.-428 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Sadhu Sao @ Raj Kumar Son Of Late Lal Babu Sao R/O Village- Chailital, Mahabir Mandir, P.S.- Alamganj, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned counsel for the Additional Public Prosecutor for the state.

2. The petitioner seeks regular bail in connection with Alamganj P.S.Case No. 428 of 2023 for the offence registered under Sections 341, 323, 354, 448, 376 and 511 of the Indian Penal Code and Section 8/12 of POCSO Act.

3. Allegation against the petitioner is that he attempt to rape the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to hot talk between the parties. No occurrence as alleged is committed by the petitioner. The FIR has been

Patna High Court CR. MISC. No.86260 of 2023(2) dt.22-01-2024 2/2 lodged after five days without giving any specific reason. The charge sheet has already been submitted in this case and there is no chance of absconding or tempering with the evidence. The petitioner is next door neighbour of the informant. He has no criminal antecedent and is in custody since 23.05.2023.

5. Learned APP for the State Opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of the parties, let the petitioner, above named, be enlarged on bail on furnishing bail bonds of Rs, 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Session Judge, VII cum Special Judge, POCSO, Patna in connection with Alamganj P.S.Case No. 428 of 2023.

(Sunil Dutta Mishra, J) N.K/- U T