Munna And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15290 of 2019 Arising Out of PS. Case No.-322 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

MUNNA Son of Md. Yunus 2.

Shamir Son of Md. Shekhu Both are resident of Federal Colony, Ishapur, P.S.- Phulwari Sharif, DistPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Phulwari Sharif P.S.Case No.322 of 2018 dated 3.5.2018 registered for offences punishable under Sections 341, 323,448, 354/34 of the Indian Penal Code.

Allegation against the petitioner no.1 is of catching hold the hand of the minor daughter of the informant and further allegation is that thereafter the petitioners and other accused persons came to the house of the informant and assaulted his daughter, causing severe injury to her.

Submission of the learned counsel for the petitioners is that the whole allegation is false and concocted as a matter of

Patna High Court CR. MISC. No.15290 of 2019(2) dt.26-03-2019 2/2 fact there was some dues of Naim Neta with the daughter of the informant and due to that they have been falsely implicated in this case.

Heard learned A.P.P. also.

Having heard both sides and considering the nature of the allegation and also a case instituted under POCSO Act, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T