Patna High CourtCR. MISC./14180/2022bail rejected

Dawalu Kumar @ Sahbag v. The State Of Bihar

2022-09-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14180 of 2022 Arising Out of PS. Case No.-381 Year-2021 Thana- NOORSARAI District- Nalanda ====================================================== 1.

Dawalu Kumar @ Sahbag Son Of Basudev Prasad @ Basudev Chauhan R/O Village- Ahiyapur, P.S.- Noorsarai, District- Nalanda 2.

Uma Shankar Kumar @ Shankar Chauhan Son Of Parmeshwar Chauhan R/O Village- Ahiyapur, P.S.- Noorsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP For the Informant :

Mr. Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-09-2022 Heard learned counsel for the petitioners, learned counsel for the Informant as well as learned APP for the State. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354(B), 354(D), 509 and 506/34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

As per prosecution case, the allegation against the petitioners is of outraging the modesty of the minor daughter of the informant.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He further submits that because of rivalry in election of Mukhiya, the name

Patna High Court CR. MISC. No.14180 of 2022(2) dt.06-09-2022 2/2 of the petitioners have been implicated.

However, learned counsel for the APP opposed the anticipatory bail of the petitioners and submits that the impugned order as well as the statement of the victim girl recorded under Section 164 of the Cr.P.C. supported the case of the prosecution.

After considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners is rejected.

However, the petitioners are directed to surrender before the court below and pray for regular bail. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T