Mogal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35747 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- SATHI District- West Champaran ====================================================== 1.

Mogal Kumar S/O Nakched Mukhiya R/O Village-Basantpur, P.S-Sathi, District-West Champaran.

2.

Bantu Mukhiya @ Banhu Mukhiya S/O Nakched Mukhiya R/O VillageBasantpur, P.S-Sathi, District-West Champaran. 3.

Akshay Mukhiya S/O Shambhu Mukhiya R/O Village-Basantpur, P.S-Sathi, District-West Champaran.

4.

Ashok Kumar S/O Bikram Mukhiya R/O Village-Basantpur, P.S-Sathi, District-West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Sanjeev Kumar, Advocate For the State :

Mr.Sanjeev Kumar, APP For the informant :

Mr.Bimlesh Kumar Pandey, Advocate Ms. Anjali Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 354B, 504/34 of the Indian Penal Code and Section 8 of POCSO Act.

Allegation is that the petitioners tore clothes of the informant and hence they tried to outrage the modesty of the informant

Patna High Court CR. MISC. No.35747 of 2021(2) dt.24-05-2022 2/2 It has been submitted on behalf of the petitioners that the petitioner Nos.3 and 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Both the parties are agnates. Due to some family dispute the alleged occurrence is said to have taken place. F.I.R. has been instituted by the petitioners side also vide Annexure 2 to the present application. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge-cum-Special Judge (POCSO), Bettiah, West Champaran in connection with Sathi P.S. case No.151 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T