IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35764 of 2020

Arising Out of PS. Case No.-137 Year-2020 Thana- HASPURA District- Aurangabad

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DINESH THAKUR SON OF LATE SHREE PRASAD ALIAS LATE SHIV

PRASAD THAKUR RESIDENT OF VILLAGE - KOILWAN, P.S. -

HASPURA, DIST - AURANGABAD, BIHAR

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH

ORAL ORDER

2

19-01-2021

Heard the learned counsel for the petitioner

and the learned APP for the State, Sri Ashok Kumar.

The petitioner seeks regular bail in

connection with Haspura P.S. Case No. 137 of

2020, registered for the offence punishable under

Sections 354A of the Indian Penal Code and

Section 8 of the Protection of Children from

Sexual Offence Act (POCSO).

The allegation is regarding the petitioner

having molested the two grand-daughters of the

informant.

The learned counsel for the petitioner has

submitted that the petitioner is innocent and he

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has been falsely implicated in the present case.

The learned counsel for the petitioner has

submitted that a bare perusal of the FIR would

show that the girls were made to first identify

the petitioner and then, FIR was lodged, hence,

the entire case has been concocted by the

prosecution. It is also stated that the petitioner is

an old person, he is having a clean antecedent

as also he is languishing in custody since

01.07.2020.

Per contra, the learned APP for the State has

vehemently opposed the prayer for bail.

Having regard to the facts and

circumstances of the case, considering the

submissions made by the learned counsel for the

petitioner and taking into account the period of

incarceration of the petitioner herein and the

fact that the petitioner is having a clean

antecedent, I deem it fit and proper to direct for

release of the petitioner on regular bail.

Accordingly, the above named petitioner is

directed to be enlarged on bail on furnishing bail

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bonds of Rs. 10,000/- (rupees ten thousand) with

two sureties of the like amount each to the

satisfaction of learned Sixth Additional District and

Session Judge cum Exclusive Special Judge

(POSCO) Aurangabad, Bihar in connection with

Haspura P.S. Case No.137 of 2020.

Ajay/-

(Mohit Kumar Shah, J)

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