Patna High CourtCR. MISC./51206/2015dismissed

Ram Sagar Yadav And ANR. v. The State Of Bihar

2015-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51206 of 2015 Arising Out of PS.Case No. -186 Year- 2015 Thana -RAJAULI District- NAWADA ======================================================

1. Ram Sagar Yadav S/o Late Bhola Yadav

2. Bitu Kumar S/O Vijay Yadav Both are resident of village/MohallaBhupatpur, P.S.- Rajauli, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj For the Opposite Party/s : Mr. Sakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Learned counsel for the petitioners seeks permission to make correction in paragraph no.1of the bail petition with regard to the sections of the alleged offences under POCSO Act. Permission is accorded.

Heard both sides.

The petitioners apprehend their arrest in a case registered under sections 363, 366(A) and 376/34 of the Indian Penal Code and section 6/8 of the POCSO Act.

The prosecutrix's allegation is that while she along with her friend was going for tuition, Tinkal Kumar, Pawan Kumar and Pankaj Kumar kidnapped them and committed rape on her one by one. It is further alleged that both the petitioners

Patna High Court Cr.Misc. No.51206 of 2015 (3) dt.14-12-2015 2/2 came on a Bolero on 2-2-2015 and dropped them before the Thana and fled away. The petitioners did not sexually assaulted the victims. The petitioners are relatives of the accused, and that is why they have been falsely implicated in the case. It appears that the petitioners forcibly took the victims from the place of occurrence and left them to a lonely place.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Rajauli P.S. Case 186/2015, pending in the court of learned Additional District Judge-1, Nawada. The same is rejected. (Prabhat Kumar Jha, J) B.K.Roy/- U