Ganauri Yadav Alias Sugandh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2204 of 2024 Arising Out of PS. Case No.-180 Year-2023 Thana- JAMHOR District- Aurangabad ====================================================== Ganauri Yadav Alias Sugandh Kumar son of Bigu yadav r/o village- Batura p.s.- Jamhor, District- AURANGABAD(BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh For the Opposite Party/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Jamhor P.S. Case No.180 of 2023 registered for the offence under Sections 341, 323, 354A, 354B of the Indian Penal Code and Section 8/12 of POCSO Act and Sections 3(i)(r)(s)/3(2)(va) of the SC/ST (POA) Act.

3.

Allegation against the petitioner is to have threatened, assaulted to the informant and also tried to outrage the modesty of the informant.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that there delay of four days in lodging FIR as the occurrence took place on

Patna High Court CR. MISC. No.2204 of 2024(5) dt.24-04-2024 2/2 29.08.2023 and FIR has been lodged on 02.09.2023, without giving reasonable explanation. It is submitted there is not eyewitness to the present occurrence. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 10.09.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as it appears from perusal of statement of victim as recorded under Section 164 of the Cr.P.C. that she has informed by her mother that FIR has been lodged on the same day but it appears from perusal of FIR that FIR lodged after delay of 04 days, let the petitioner, above named, is directed to be released on bail in connection with Jamhor P.S. Case No.180 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VIth-cum-Exclusive Special Judge POCSO Act, Aurangabad.

(Ramesh Chand Malviya, J) S.Katyayan/- U T