Bharat Kumar @ Bharat Sahani @ Bhart Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21426 of 2024 Arising Out of PS. Case No.-118 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Bharat Kumar @ Bharat Sahani @ Bhart Sahani S/o Dukharan Sahani R/o Vill - Bundelkhand, P.S. - Basopatti, Dist. - Madhubani 2.

Rameshwar Sahani @ Ramishwar Sahni @ Rameshwar Shani S/o Dukharan Sahani R/o Vill - Bundelkhand, P.S. - Basopatti, Dist. - Madhubani 3.

Sangeeta Devi @ Sanjita Devi W/o Rameshwar Sahani @ Ramishwar Sahni R/o Vill - Bundelkhand, P.S. - Basopatti, Dist. - Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Anwar Pamari S/o Md. Taujul Pamari R/o Vill - Bundelkhand, P.S. - Basopatti, Dist. - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhavesh Sah, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 363, 366(A), 504, 506, 34 of the Indian Penal Code and Sections 8 & 12 of the P.O.C.S.O. Act.

3. As per the prosecution case, co-accused Shatrughan Sahani with the help of these petitioners kidnapped the minor daughter of informant and when informant went to the house of co-accused Shatrughan Sahani, these petitioners and others abused and assaulted the informant.

Patna High Court CR. MISC. No.21426 of 2024(3) dt.20-06-2024 2/3

4. Learned counsel for petitioners submits that petitioner nos. 1 & 2 are brothers and petitioner no. 3 is bhabhi (sister-in-law) of co-accused Shatrughan Sahani and have been falsely implicated in this case merely because they are close relatives of co-accused Shatrughan Sahani. As per F.I.R., entire allegation is against co-accused Shatrughan Sahani. The victim, in her statement recorded under Section 164 Cr.P.C., has not alleged any wrong against these petitioners. The Court below has also assessed the age of victim as 19 years. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C. and clean antecedent of petitioners, the prayer for anticipatory bail is allowed.

7. Let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI cum Special Judge (POCSO), Madhubani in connection with Basopatti P.S. Case No. 118 of

Patna High Court CR. MISC. No.21426 of 2024(3) dt.20-06-2024 3/3 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T