Mahesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8200 of 2023 Arising Out of PS. Case No.-2064 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== 1.

Mahesh Rai Son Of Late Paspat Rai @ Paspat Ray @ Pasapti Rai R/VMaharani Panduho, P.S.- Mohammadpur, Dist- Gopalganj 2.

Pappu Rai Son Of Satendar Rai R/V- Maharani Panduho, P.S.- Mohammadpur, Dist- Gopalganj 3.

Pankaj Rai Son Of Satendar Rai R/V- Maharani Panduho, P.S.- Mohammadpur, Dist- Gopalganj 4.

Lalti Devi @ Lalita Devi @ Lalati Devi Wife Of Satendar Rai R/VMaharani Panduho, P.S.- Mohammadpur, Dist- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sona @ Sonia Devi Wife Of Bharat Rai R/V- Maharani Panduho, P.S.- Mohammadpur, Dist- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023 Heard learned counsel for the petitioners, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code and Section 8 of the POCSO Act. Petitioners are said to have enticed away the minor daughter of the informant/complainant for the purpose of marriage.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.8200 of 2023(2) dt.17-04-2023 2/3 the petitioners are innocent and has been falsely implicated in this case. He submits that after investigation, the police has submitted final form against the accused persons named in the FIR. thereafter the informant/complainant filed a protest petition and on that basis the petitioners were made accused in the instant case. He submits that similarly situated co-accused has already been granted bail by a Bench of this Court vide order dated 31.01.2023 passed in Cr. Misc. No. 69923 of 2022. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State and learned counsel for the complainant oppose the prayer for bail and submits that the victim has supported the prosecution case.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Protest Cum Complaint Case No. C2064 of 2019 giving rise to POCSO Complaint Case No. 03 of 2022

Patna High Court CR. MISC. No.8200 of 2023(2) dt.17-04-2023 3/3 arising out of Mohammadpur P.S. Case No. 211 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T