Mahendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39335 of 2018 Arising Out of PS. Case No.-180 Year-2018 Thana- JAGDIHSPUR District- Bhojpur ====================================================== Mahendra Ram, Son of Godhan Ram, Resident of Village- Tulsi, P.S.- Jagdishpur, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-07-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,354,504 and 506/34 of the IPC and Sections 11(i) and 11(iv) of the Protection of Children from Sexual Offences Act.

The prosecution case as per the written report of Radhika Devi dated 13.5.2018, submitted to the S.H.O., Jagdishpur Police Station is to the effect that co-accused Sonu was having a bad eye on Shobha Kumari, the grand daughter of the informant, aged 15 years. It is alleged that whenever Shobha Kumari used to go out of her house, she

Patna High Court Cr.Misc. No.39335 of 2018(2) dt.09-07-2018 2/3 used to be abused by co-accused Sonu and was threatened to be kidnapped, if she disclosed it to any one. When the informant went to the petitioner, father of the co-accused Sonu, she was also abused.

It is submitted by learned counsel for the petitioner that the petitioner is the father of co-accused Sonu, hence he has been roped in as accused in the present case. It is further submitted that even assuming the accusation to be true, no case under section 354 of the IPC or Section 11 of the Protection of Children from Sexual Offences Act is made out against the petitioner.

Learned APP submits that accusation is specific against the petitioner.

Considering the accusation being specific against the son of the petitioner and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ- I, Ara in connection with Jagdishpur P.S. Case No. 180 of 2018

Patna High Court Cr.Misc. No.39335 of 2018(2) dt.09-07-2018 3/3 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U