Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4135 of 2020 Arising Out of PS. Case No.-191 Year-2019 Thana- DELHA District- Gaya ====================================================== 1.

VIVEK KUMAR Son of Late Mundrika Singh @ Mundrika Saw Resident of Mohalla - Dhaniya Bagicha, Badki Delha, P.S. - Delha, District - Gaya. 2.

Sanjeet Kumar Son of Sri Satyendra Prasad Resident of Mohalla - Dhaniya Bagicha, Badki Delha, P.S. - Delha, District - Gaya. 3.

Abhishek Kumar Son of Late Pappu Rathour Resident of Mohalla - Dhaniya Bagicha, Badki Delha, P.S. - Delha, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Delha P.S. Case No.191 of 2019 registered for the offence under Sections 354A of the Indian Penal Code and Sections 4, 8 and 12 of the Prevention of Children from Sexual Offences Act. The prosecution case is that on 10.07.2019, informant namely Sushma Devi was returning with her daughter Sonali Kumari from coaching, on the way, three unknown miscreants misbehaved with her daughter and forcibly tried to get her seated on the motorcycle. During course of investigation these petitioners have been named by informant in her re-statement.

Patna High Court CR. MISC. No.4135 of 2020(2) dt.03-03-2020 2/2 Learned counsel for the petitioners submits that petitioners are not named in the FIR. It is further submitted that petitioners and informant are of same mohalla and petitioners have been falsely implicated in this case. It is further submitted that petitioners have been named in this case after 3 days of occurrence. Petitioners have clean antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 1st -cum-special Judge (POCSO Act), Gaya, in connection with Delha P.S. Case No.191 of 2019, subject to the conditions as laid down under Section 438(2) of Cr.P.C. (Prabhat Kumar Singh, J) SUMIT/- U T