Anil Yadav @ Kariman Yadav @ Anish Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24046 of 2019 Arising Out of PS. Case No.-73 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== 1.

ANIL YADAV @ KARIMAN YADAV @ ANISH KUMAR RAI S/o Mudhi Yadav Resident of Village-Ratanpur P.S.-Ara Muffasil District-Bhojpur. 2.

Sunil Yadav @ Sunil Rai @ Sumit Yadav S/o Lallan Yadav Resident of Village-Ratanpur P.S.-Ara Muffasil, District-Bhojpur. 3.

Dhanlal Yadav @ Dhanlal Rai S/o Surj Narayan Yadav Resident of VillageRatanpur, P.S.-Ara Muffasil, District-Bhojpur. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 354/34 of the Indian Penal Code Section 12 of POCSO Act. When the informant after defecation arrived near the school on the way to her house petitioners along with one unknown miscreants surrounded and teased her and they also tried to outrage her modesty but on arrival of locals and her parents responding hulla made by her they managed to escape. Learned counsel for the petitioners submitted that no such occurrence as alleged ever took place. The petitioners are quite innocent and have been falsely implicated in this case due

Patna High Court CR. MISC. No.24046 of 2019(4) dt.19-07-2019 2/2 to political rivalry as the informant happens to be associate of MALE group while the petitioners are of RJD. There is no eye witness of the occurrence. The allegation levelled against the petitioners are not specific rather general and specific in nature. It is quite improbable to outrage the modesty of a girl at a thoroughfare. Petitioners have no criminal antecedent. Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.- I, Bhojpur at Ara in connection with Mahila P.S. Case No. 73 of 2018, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

Trivedi/- (Prakash Chandra Jaiswal, J) U T