Kishor Ram @ Kishori Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10752 of 2022 Arising Out of PS. Case No.-346 Year-2021 Thana- BAGHA District- West Champaran ====================================================== 1.

KISHOR RAM @ KISHORI RAM SON OF LATE SHANKAR RAM RESIDENT OF VILLAGE- BADGWAN, P.S.- BAGAHA, DISTRICTWEST CHAMPARAN 2.

KALAWATI DEVI WIFE OF KISHOORI RAM @ KISHOR RAM RESIDENT OF VILLAGE- BADGWAN, P.S.- BAGAHA, DISTRICTWEST CHAMPARAN 3.

RAJESH RAM SON OF GAURI RAM RESIDENT OF VILLAGEBADGWAN, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN 4.

SUGANDHI DEVI WIFE OF RAJESH RAM RESIDENT OF VILLAGEBADGWAN, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-09-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, petitioner nos. 1 and 3 have been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner nos. 1 and 3.

Patna High Court CR. MISC. No.10752 of 2022(2) dt.14-09-2022 2/3 In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner nos. 1 and 3.

Petitioner nos. 2 and 4 apprehend their arrest for the offences alleged under Sections 341, 323, 354, 354'D', 504 and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act, registered in connection with Bagaha P.S.Case No. 346 of 2021.

As per allegation, when the informant was returning home, co-accused Deepak Ram apprehended her and when the parents of the informant made protest the accused persons named in the FIR assaulted the family members of the informant.

Learned counsel for the petitioners has submitted that petitioner nos. 2 and 4 are ladies of clean antecedent and the case was not found true against the petitioners. Final form has been submitted against them, since the informant did not support the occurrence in her statement under Section 164 of the Cr.P.C.

Considering the above facts and circumstances, let petitioner nos. 2 and 4, above-named, in the event of their arrest or surrender within four weeks from the date of communication

Patna High Court CR. MISC. No.10752 of 2022(2) dt.14-09-2022 3/3 of this order, be released 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 Sessions Judge -VIIth-cum-Special Judge (POCSO) West Champaran at Bettiah in connection with Bagaha P.S.Case No. 346 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T