Anoop Prakash Pandey @ Anup Prakash Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35538 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== Anoop Prakash Pandey @ Anup Prakash Pandey, S/O Om Prakash Pandey, R/o village- Sahi Pandey Ka Purva, P.O.- Dekhparwanpur, District- Sultanpur (U.P.) ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-03-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks anticipatory bail in connection with POCSO Case No. 06 of 2020, arising out of Mahila P.S. Case No. 14 of 2020 for the offence punishable under Sections 376, 420, 506, 504/34 of of the Indian Penal Code and under Section 4 of the POCSO Act.

This case has been registered by one Shakshi Pandey. In her statement recorded under Section 164 of the Cr.P.C., she stated that she has filed this case under the pressure of her father and fourth wife of her father. Shakshi Pandey has been found to be a major girl in the medical examination.

Patna High Court CR. MISC. No.35538 of 2021(2) dt.11-03-2022 2/3 Considering the aforesaid facts, this bail application is allowed.

Let the petitioner, above named, in the event of his his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum- Special Judge, POCSO Act, Buxar, in connection with POCSO Case No. 06 of 2020, arising out of Mahila P.S. Case No. 14 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The Superintendent of Police, Buxar is directed to supervise the case himself/herself and if he/she finds that the girl was pressurized to file false case at the instance of her father and fourth wife of her father then the Superintendent of Police, Buxar will proceed to register another F.I.R.

against the victim's father and his fourth wife for harassing and torturing their daughter and also injuring her as from the statement of victim recorded under Section 164 of the Cr.P.C. the offences under various sections of Indian Penal Code are made out against her father and his fourth wife.

The Superintendent of Police, Buxar is also

Patna High Court CR. MISC. No.35538 of 2021(2) dt.11-03-2022 3/3 directed to file an action taken report before this Court on or before 30.03.2022.

Office is directed to communicate this order to the Superintendent of Police, Buxar through FAX or e-mail forthwith.

Sri Nitya Nand Tiwary, learned APP for the State is also directed to communicate this order to the Superintendent of Police, Buxar through phone or WhatsApp.

Put up this case immediately after receipt of the action taken report from the Superintendent of Police, Buxar. (Sandeep Kumar, J) pawan/- U T