Noorul And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7547 of 2017 Arising Out of PS.Case No. -281 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================

1. Noorul son of Ainul

2. Bibi Shahnaz @ Bibi Shahnaz wife of late Afzal

3. Mahjoob son of Helal

4. Samad @ Abdus Samad son of Ful Mohamad

5. Anwir @ Ambir @ Md. Ambir son of Wali Mohammad All are residents of village - Gamharia, Police Station - Jokihat, District - Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 This is an application for grant of anticipatory bail for offences punishable under Section 34 of the Indian Penal Code section 67 (ka) 67 (kha) of the Information Technology Act and 14(2) of the POCSO Act.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that the allegation is that daughter of the informant was kidnapped and thereafter, raped and videography of the rape was made viral and petitioners have been made accused only on the basis that they also indulged in the same. Nothing is against the petitioners and they are old persons.

Patna High Court Cr.Misc. No.7547 of 2017 (2) dt.23-02-2017 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the allegations made, I am not inclined to grant anticipatory bail to the petitioners, the same is rejected.

However, since the petitioners are old persons, they are directed to surrender in the court below, i.e., learned 1st Addl. Sessions-cum-Special Judge (POCSO Act) in connection with Jokihat P. S. Case no. 281 of 2016 and make prayer for regular bail which will be considered on its own merit and pass an appropriate order preferably on the same day without being prejudiced by the order of this Court.

The present application stands disposed of.

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