Dhanu Yadav @ Dhanoj Kumar Yadav @ Dhanej Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5574 of 2023 Arising Out of PS. Case No.-630 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Dhanu Yadav @ Dhanoj Kumar Yadav @ Dhanej Yadav, S/O Gopal Yadav, Resident of village- Ram Phal Ka Tola, P.S.- Barhara (Khwashpur O.P.), District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsels for the petitioner and the State.
Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 354, 509, 506 of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act, 2012.
As per prosecution case, petitioner is alleged to have caught hold of hand of the informant and slapped her. It is further alleged that he threatened to kill her if she disclosed the ordeal.
Learned counsel appearing for the petitioner submits that both parties are close neighbours and due to petty dispute this false and concocted case has been lodged against him. He
Patna High Court CR. MISC. No.5574 of 2023(3) dt.17-04-2023 2/2 next submits that there is no allegation of sexual assault against the petitioner. F.I.R. nowhere spells out any activity which denotes commission of sexual assault. Petitioner has got clean antecedent.
Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of VI Additional Sessions Judge -cum- Sessions Judge POCSO Act, Bhojpur at Ara in connection with Barhara (Khwashpur) P. S. Case No. 630 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T