Rajesh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14477 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- BIHTA District- Patna ====================================================== 1.

Rajesh Kumar son of Madan Das 2.

Shiv Das, Son of Late Khaderan Das, both Resident of Village/MohallaRamtari, P.S.- Bihta, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 354(B), 506/34 of the Indian Penal Code and Section 8 read with Section 12 of the POCSO Act. Allegation against the petitioners is that they tried to molest the informant.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The informant has filed a petition in the court below, where she has retracted from her earlier statement made

Patna High Court CR. MISC. No.14477 of 2019(2) dt.11-03-2019 2/2 in the F.I.R. The case has been instituted due to mistake of fact. The said petition filed by the informant in the court below is Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st-cumSpecial Judge, POCSO, Patna in connection with Bihta P.S. case No.254 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T