Mithilesh Kumar Dubey @ Mithilesh Dubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1447 of 2019 Arising Out of PS. Case No.-129 Year-2018 Thana- SURYAPUR District- Rohtas ====================================================== 1.

Mithilesh Kumar Dubey @ Mithilesh Dubey Son of Kamal Kant Dubey Resident of Village - Andhar, P.S.- Surajpura, Distt.- Rohtas. 2.

Akhilesh Kumar @ Akhilesh Dubey Son of Kamal Kant Dubey Resident of Village - Andhar, P.S.- Surajpura, Distt.- Rohtas. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Abhinay Raj, Advocate For the Respondent/s :

Mr. Sadanand Paswan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT Date : 21-05-2019 Heard learned counsel for the appellants and learned Spl. P.P. for the State.

The appellants seek pre-arrest bail in connection with Surypura P.S. Case No. 129 of 2018 registered under Sections 341, 354(B), 506, 34 of the Indian Penal Code, Section 8 of the POCSO Act, Section 7 of the I.T. Act and Section 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Submission of learned counsel for the appellants is that the appellants have no criminal antecedent. They are innocent and have falsely been implicated in the present case due to village politics. No specific overt act has been

Patna High Court CR. APP (SJ) No.1447 of 2019 dt.21-05-2019 2/2 attributed against the appellants. Further submission is that in the instant case, the first information report is lodged after two and half months of the alleged occurrence. Having heard both sides and in the facts and circumstances of the case, let the above named appellants be released on bail, in the event of arrest or surrender, on furnishing bail bonds of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge-cum-Special Judge, SC/ST Act, Rohtas at Sasaram in connection with POCSO case No. 88 of 2018 and Suryapura P.S. Case No. 129 of 2018, subject to the conditions as laid down under section 438(2) of Cr. P.C.

Accordingly, the appeal is allowed and the impugned order is set aside.

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