Manish @ Manish Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15146 of 2017 Arising Out of PS.Case No. -397 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ======================================================

1. Manish @ Manish Kumar.

2. Ashish Kumar @ Murari. Both are Sons of Jawahar Lal Yadav. Both are Resident of Mohalla- Munna Chak, P.S.- Patrakar Nagar, DistrictPatna. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar No. 1 For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Patrakar Nagar P.S. Case no. 397 of 2016 (Special (POCSO) Case No. 02 of 2017), registered under Sections 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code and Section 8/12 of Protection of Children from Sexual Offences Act.

The allegation of informant Shalini Srivastav is that her ancestral house is situated at Chitragupt Nagar and her parents have died. On 26.12.2016, she received information about erecting of wall closing the stairs of her house then she along with her sister Palavi Srivastav went there and saw that Jawaharlal Yadav along with his sons Manish, Kanish and Ashish @ Murari were engaged in

Patna High Court Cr.Misc. No.15146 of 2017 (4) dt.10-07-2017 2/2 erecting the wall. When informant and her sister made protest then all started abusing them and tried to drag them towards stairs taking the advantage of the darkness and, thereafter, petitioners and his brother Kanish started outrage their modesty and torn their clothes and they also threatened the informant and her sister for dire consequences. Previously, case No. 287 of 2016 is also pending against the petitioners and other.

Learned counsel for the petitioners submits that hot talks were exchanged between the parties, but with ulterior motive this false case has been instituted.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-I, Patna in connection with Patrakar Nagar P.S. Case No. 397 of 2016 (Special POCSO Case No. 02 of 2017), subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T