Patna High CourtCR. MISC./15439/2023bail granted

Mukesh Kumar @ Raja v. The State Of Bihar

2023-05-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15439 of 2023 Arising Out of PS. Case No.-10 Year-2021 Thana- MAHILA P.S. District- Samastipur ====================================================== 1.

MUKESH KUMAR @ RAJA S/O SURENDRA RAI @ SURENDRA RAY Resident of Village- Dharmagatpur Bathua, P.S.- Pusa, District- Samastipur. 2.

SACHIN KUMAR S/O SURENDRA RAI @ SURENDRA RAY Resident of Village- Dharmagatpur Bathua, P.S.- Pusa, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 354B/504/ 34 and other ancillary sections of the Indian Penal Code and section 7/8/14 of the POCSO Act.

As per the prosecution case, petitioner no.1 tried to kiss the informant, whereas petitioner no.2 pulled her dupatta. Learned counsel for the petitioners submits that the allegation is absurd and highly improbable as the informant is own cousin sister of the petitioners. Police after investigation submitted final form against the petitioners but the Court below

Patna High Court CR. MISC. No.15439 of 2023(2) dt.18-05-2023 2/2 differing with the same took cognizance of the offence. Petitioners claim clean antecedent.

Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six 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 Additional Sessions Judge VI cum Special Judge, POCSO Act Samastipur in Mahila Police Station Case No. 10/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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