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Patna High CourtCR. MISC./5127/2024allowed

Krishna Kumar v. The State Of Bihar

2024-02-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5127 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== Krishna Kumar S/o- Madan Mandal R/o Vill- Sahu Parbatta, P.S- Sahu Parbatta, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2024 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 341, 504, 506 and 448/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per allegation in the FIR, when the informant's daughter (15 years old) was at her home lonely, petitioner entered into her house with bad intention and tried to molest her. Victim raised alarm for her safety, thereafter, petitioner managed to escape. It is further alleged that victim is school going candidate and petitioner used to tease her on the way to school.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.5127 of 2024(2) dt.07-02-2024 2/2 committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that petitioner caught hold her hands and he was pressurizing her to marry. She has not raised her finger against the petitioner for physical misbehave or for sexual assault. Petitioner has got no criminal antecedent and languishing in judicial custody since12.08.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. 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 Special Judge, POCSO, Bhagalpur in connection with Parbatta P.S. Case No. 153 of 2023.

(Sunil Kumar Panwar, J) sushma/- U