Chandani Praveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12981 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- DARIYAPUR District- Saran ====================================================== 1.

CHANDANI PRAVEEN WIFE OF MD. SONA R/O-HUKARAHAN, P.S.- DARIYAPUR, DISTT.-SARAN AT CHAPRA 2.

TAUSIR ALAM SON OF SAMSUDDIN ALAM R/O-HUKARAHAN, P.S.- DARIYAPUR, DISTT.-SARAN AT CHAPRA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Udai Shankar Singh, Advocate For the State :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 354B, 452, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, co-accused Tarwej Alam attempted to commit sexual assault upon the informant. It is further alleged that when the family members went to complain about Tarwej Alam, these petitioners, along with other F.I.R. named accused persons, assaulted her family members and also snatched their ornaments.

4. It is submitted by learned counsel appearing on behalf of the petitioners that specific accusation of attempt to commit sexual assault is against co-accused Tarwej Alam. It is next submitted that these petitioners have been made an accused

Patna High Court CR. MISC. No.12981 of 2024(2) dt.12-03-2024 2/2 in this case merely because they happen to be family members of co-accused Tarwej Alam. It is further submitted that though there is allegation of assault against these petitioners, the doctor has found the injuries sustained by the injured to be simple in nature. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of 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 Special Judge, POCSO Act, Saran at Chapra, in connection with Dariyapur P.S. Case No.224 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T