Bhusan Pandey @ Bhusan Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18645 of 2024 Arising Out of PS. Case No.-262 Year-2021 Thana- JANTA BAZAR District- Saran ====================================================== 1.
Bhusan Pandey @ Bhusan Kumar Pandey S/O- Yogendra Pandey R/OVillage- Purshotampur. P.S.- Janta Bazar, Dist.- Saran At Chapra. 2.
Parmatma Kumar @ Parmatma Pandey S/O- Yogendra Pandey R/O- VillagePurshotampur. P.S.- Janta Bazar, Dist.- Saran At Chapra. 3.
Ajit Pandey @ Abhijeet Kumar S/O- Yogendra Pandey R/O- VillagePurshotampur. P.S.- Janta Bazar, Dist.- Saran At Chapra.Village_ Purshotampur Ps_ Janta Bazar , District _Saran At Chapra ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Janta Bazar P.S. Case no. 262 of 2021 instituted for the offence under Sections 341, 323, 504, 506/34 of the Indian Penal Code, section 8 of the POCSO Act and section 3(i) (r)(s), 3(2)(va) of the SC/ST Act.
3. Allegation against the petitioners is of abusing the informant by taking her caste name and assaulting her and her family members due to which they sustained injury. One of the
Patna High Court CR. MISC. No.18645 of 2024(3) dt.04-04-2024 2/3 accused persons also tried to outrage the modesty of the informant during course of the incident.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. The petitioners have got no criminal antecedent. There is general and omnibus allegations against the petitioners. It is also submitted that I.O. has submitted the Final form on 8.4.2023 in which the allegations against the petitioners were found to be false. Moreover, similarly situated co-accused Yogendra Pandey has already been enlarged on bail by this Court vide order dt. 3.11.2022 passed in Cr. Appeal (SJ) No. 1055 of 2022.
5. Learned APP appearing for the state has opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Janta Bazar P.S. Case no. 262 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.18645 of 2024(3) dt.04-04-2024 3/3 like amount each to the satisfaction of learned Additional Sessions Judge 6th Cum-Exclusive Special Judge, POCSO Act, Saran at Chhapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Nirajkrs/- U T