Gopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12012 of 2025 Arising Out of PS. Case No.-78 Year-2024 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== 1.

Gopal Sah Son Of Bhutan Sah Resident Of Village-Sahbajpur, Shyampur Bhathan, P. S.-SHYAMPUR Bhathan, Dist-Sheohar 2.

Malti Devi Wife Of Gopal Sah Resident Of Village-Sahbajpur, Shyampur Bhathan, P. S.-SHYAMPUR Bhathan, Dist-Sheohar ... ... Petitioners

Versus

1.

The State of Bihar 2.

Baby Kumari D/O- Sakal Ram Resident Of Village-Sahbajpur, P.S.- shyampur Bhathan, Dist-Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jayram Prasad, Deepak Kumar, Advocate For the Opposite Party/s :

Usha Kumari 1, A.P.P.

Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 126(2), 115(2), 64, 303(2), 76, 77, 329(4) read with Section 3(5) of B.N.S. and Under Section 3(1)(w), 3(2)(va), 3(V) of the Schedule Casts and Schedule Tribes (Prevention of Atrocities) Act, 1989 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners and 50 to 60 unknown persons forcibly took out the informant from his house and on protest by his mother, all the accused persons abused and

Patna High Court CR. MISC. No.12012 of 2025(3) dt.15-05-2025 2/3 assaulted them by taking caste name. Accused persons tore clothes of the mother of the informant and looted house hold articles from the house.

4. It is submitted on behalf of the petitioners that petitioners are innocent and have committed no offence. Specific allegation of making physical relation and taking obscene photographs is against co-accused Ranjit Kumar. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. Dispute has amicably been settled between the parties and a compromise petition has also been filed in the court below which has also been mentioned in the impugned order.

5. Learned counsel for the informant does not controvert the factum of compromise.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, 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 Special Judge, POCSO, Sheohar in Shyampur Bhatha Police Station Case No. 78/2024, subject to the conditions laid down under section

Patna High Court CR. MISC. No.12012 of 2025(3) dt.15-05-2025 3/3 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T