Allowed

Lalan Prasad Prajapati @ Lalan Prasad v. The State of Bihar

Patna HC5 Aug 2024CR. MISC./38114/2024

Case brief

AI extract

What is this about?

Regular bail application in a POCSO case alleging attempted rape on the informant's minor daughter. Considering custody since September 2023 and charge-sheet filed, the court granted bail with sureties and allowed the application.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing bail-bond of Rs.20,000 with two sureties of like amount to the satisfaction of the concerned court, Gaya.

Lalan Prasad Prajapati @ Lalan Prasad Vs The… — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38114 of 2024

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Arising Out of PS. Case No.-585 Year-2023 Thana- GAYA KOTWALI District- Gaya

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======================================================

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Lalan Prasad Prajapati @ Lalan Prasad Son of Late Ram Das Prajapati @ Ramdas Prasad Resident of Vilage- Powerganj, Bageshwari Road, P.S. - Kotwali, District - Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar Singh, Adv. For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 05-08-2024

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with POCSO Case arising out of Kotwali P.S. Case No. 585 of 2023 dated 28.09.2023 registered for the offences punishable u/ss 342, 354B, 376, 511 read with Section 34 of the Indian Penal Code.

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3. As per the prosecution case, the petitioner and the co-accused person are alleged to have attempted to commit rape on the minor daughter of the informant.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the medical report also does not disclose any abnormal finding as stated in para 11 of the bail petition. The charge-sheet has been submitted

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Patna High Court CR. MISC. No.38114 of 2024(2) dt.05-08-2024 2/2

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against the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. No case is made out u/s 376 read with section 511 of the Indian Penal Code against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.09.2023.

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5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and further submitted that the petitioner tried to commit rape on the minor daughter of the informant.

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6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with POCSO Case arising out of Kotwali P.S. Case No. 585 of 2023.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Lalan Prasad Prajapati @ Lalan Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalan Prasad Prajapati @ Lalan Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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