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Patna High CourtCR. MISC./33062/2024bail granted

Manish Kumar v. The State Of Bihar

2024-07-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33062 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- CHIKSAUR District- Nalanda ====================================================== 1.

Manish Kumar SON OF RIPU RAM RESIDENT OF VILLAGE- DALLU BIGHA, P.S.- CHIKSAURA, DISTRICT-NALANDA 2.

SUNIL KUMAR SON OF DOMAN PRASAD @ DOMAN RAM RESIDENT OF VILLAGE- DALLU BIGHA, P.S.- CHIKSAURA, DISTRICT-NALANDA ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 354, 506, 509 and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. As per prosecution case, on 16.10.2023, while daughter of informant, along with her friends, was returning from coaching institute, these petitioners, along with two unknown persons, misbehaved with them.

4. It is submitted by learned counsel appearing on behalf of the petitioners that as a matter of fact, on the alleged date of occurrence, the Bolero vehicle of these petitioners

Patna High Court CR. MISC. No.33062 of 2024(3) dt.31-07-2024 2/2 dashed the cycle of daughter of informant due to which some altercation took place. In revenge, this false and concocted case has been lodged. There is no allegation of overt act against these petitioners. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned VIIth Additional District and Sessions Judge-cum-Special Judge, POCSO, Nalanda, in connection with Chiksaura P.S. Case No. 121 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T