Priyanshu Sinha @ Dheeraj Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3423 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- KOTWA District- East Champaran ====================================================== Priyanshu Sinha @ Dheeraj Prasad S/O Jay Prakash Mahto @ Jaiprakash Prasad Resident Of Bahadurpur Panchayat Gamhariya, Ps. Darpa, Dist. East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Sessions Trial no. 79 of 2023 arising out of Kotwa P.S. Case no. 191 of 2023 registered under sections 363 and 366A of the Indian Penal Code and sections 8 and 12 of the Protection of Children from Sexual Offences Act.

3. As per the prosecution case, the informant states that her 16 year old daughter was taken by the petitioner and other accused persons and was not to be found inspite of search.

4. Learned counsel for the petitioner submits that the earlier prayer for bail of the petitioner was rejected vide order dated 6.12.2023 (Annexure-3) passed in Cr. Misc. no. 63913 of 2023. The petitioner is in custody since 20.5.2023 and while rejecting the payer for bail on the earlier occasion, this Court had granted liberty to the petitioner to renew his prayer for bail

Patna High Court CR. MISC. No.3423 of 2024(2) dt.19-01-2024 2/2 after framing of charge. Referring to the order brought on record as Annexure- 2 to the petition it is submitted that charge has been framed against the petitioner in the learned trial Court on 7.12.2023. The petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the liberty granted in the earlier order rejection dated 6.12.2023, charge having been framed against the petitioner in the learned trial Court and the petitioner having remained in custody since 20.5.2023, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no. 79 of 2023 arising out of Kotwa P.S. Case no. 191 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6th-cum-Special Judge POCSO, East Champaran at Motihari.

(Partha Sarthy, J) Harsh/- U T