Ramu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31274 of 2024 Arising Out of PS. Case No.-616 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Ramu Kumar Yadav Son of Gauri Yadav @ Gauri Shankar Yadav Resident of Village- Saraiya, P.S- Krishnagarh (O.P), Dist- Bhojpur at Ara 2.

Umesh Kumar Son of Baban Yadav Resident of Village- Saraiya, P.SKrishnagarh (O.P), Dist- Bhojpur at Ara ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Barhara (Krishnagarh) P.S. Case No. 616 of 2023 instituted under Section 354 of the Indian Penal Code and under Section 8/12 POCSO Act.

3. As per the prosecution case, three named accused persons along with three unknown accused persons tried to catch hold the minor victim girl to abuse her. The girl anyhow saved herself.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.31274 of 2024(2) dt.21-05-2024 2/2 case. He further submits that petitioner no. 1 is not named accused and his name has surfaced in the confessional statement of one Mallu Kumar @ Pappu. He further submits that there is no specific allegation against the petitioners and they have been implicated in this case merely on baseless allegation. He further submits that the petitioners are young boys having no criminal antecedent and they undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional District Judge-VI, Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No. 616 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) tusharika/- U T