Lalan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7785 of 2024 Arising Out of PS. Case No.-342 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== 1.

Lalan Das Son of Siyaram Das, Resident of Village-Bokanari Kala, P.S.- Makhdumpur, District-Jehanabad.

2.

Shanti Devi Wife of Lalan Das, Resident of Village-Bokanari Kala, P.S.- Makhdumpur, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Advocate.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Special Case No.61 of 2022 (POCSO) arising out of Makhdumpur P.S. Case No.342 of 2022 instituted under Sections 363, 366(A)/34 of the Indian Penal Code and under Section 8 of Protection of Children from Sexual Offence Act.

3. As per the prosecution case, the co-accused persons namely Guddu Paswan and Raju Das have lured the daughter of the informant and eloped with her.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He further submits that the allegation against the petitioners is that they gave shelter to the victim and the co-accused Raju Das in

Patna High Court CR. MISC. No.7785 of 2024(2) dt.17-02-2024 2/2 Delhi and thereafter handed over them to the Nagloi Police Station from where the victim alongwith co-accused Raju Das have been brought to the concerned Police Station. He also submits that the informant or any witness has not made any allegation against the petitioners and they have no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Sessions Judge-VII-cum-Special Judge, POCSO, Jehanabad in connection with Special Case No.61 of 2022 (POCSO) arising out of Makhdumpur P.S. Case No.342 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T