Anuj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21538 of 2019 Arising Out of PS. Case No.-259 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== ANUJ KUMAR Son of Shiv Kumar Yadav @ Bacha Resident of VillageAkal Bigha, P.S.- Belaganj, District- Gaya...................... ... 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.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-06-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 259 of 2018, registered for the offences punishable under Sections 341, 323, 354 (B), 448, 379 and 4 of the POCSO Act.
Petitioner is said to have dragged the minor daughter of the informant towards the school holding her hand with bad intention but on hulla made by the informant he managed to escape. Subsequently, petitioner along with his family members descended at the house of the informant armed with weapons and accused Ajay Yadav assaulted the informant by means of fists and slaps. They looted ornament etc. worth Rs. 40,000/-. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner
Patna High Court CR. MISC. No.21538 of 2019(3) dt.20-06-2019 2/2 has no concern with the aforesaid occurrence. Allegation of assault has been levelled against accused Ajay Yadav and not against this petitioner. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely implicated in this case by the informant over dispute of drainage. No one has sustained any injury in the occurrence. Petitioner has no criminal antecedent. On the other hand, the learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District & Sessions Judge-cum-Special Judge (POCSO Act), Gaya in connection with Belaganj P.S. Case No. 259 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) T.Kr./- U T