Shio Prasad Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29047 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- SONEPUR District- Saran ====================================================== 1.
SHIO PRASAD KUMAR Son of Triloki Mahto Resident of Village - Govind Chak, Ambedkar Nagar, P.S.- Sonepur, Distt - Saran at Chapra. 2.
Lagan Kumar Son of late Lalan Mahto Resident of Village - Govind Chak, Ambedkar Nagar, P.S.- Sonepur, Distt - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shruti Sinha For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Sonepur P.S.Case No. 73 of 2019, disclosing the offence under Section 341, 354(B), 448 and 506 of the Indian Penal Code, including Section 7/8 of the POCSO Act.
There is allegation against the petitioners of having attempted to outrage the modesty of the victim girl. It is submitted that since the informant had herself indulged in some objectionable activity, which was objected to by these petitioners, and in retaliation, the FIR has been registered.
Be that as it may, considering the facts and
Patna High Court CR. MISC. No.29047 of 2019(2) dt.02-05-2019 2/2 circumstances, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned A.D.J. 1st Special Court POCSO at Chapra (Saran), in Sonepur P.S. Case No. 73 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) HR/- U T