Patna High CourtCR. MISC./36502/2024bail granted

Anntu Sao v. The State Of Bihar

2024-11-20Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36502 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- SC/ST District- Patna ====================================================== ANNTU SAO SON OF VINAY SAO RESIDENT OF VILLAGE - SAHWAJPUR, P.S. - PIPRA, DISTRICT - PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

MUKESH CHOUDHARY SON OF LATE NIRIT CHOUDHARY RESIDENT OF VILLAGE - SAHWAJPUR, P.S. - PIPRA, DISTRICT - PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-11-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354, 504 and 506 of the Indian Penal Code, Sections 8 and 12 of the POCSO Act as well as Sections 3(1)(gha)3(1)(da)3(1)w, 3(2) (va) of the SC/ST Act.

3. Mr. Anurag Saurav learned Advocate appears on behalf of opposite party no. 2 and submits that no objection has been taken from him.

4. It appears that no one is representing the opposite party no. 2 after no objection.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.36502 of 2024(5) dt.20-11-2024 2/3 petitioner has antecedent of two cases and the daughter of the petitioner is a friend of the victim and as such the victim is like a daughter to the petitioner but then he came to be implicated in the instant case with an allegation that the petitioner called the victim to his house and behaved inappropriately. Learned counsel further submits that no father would indulge in an act which demeans him in front of his own daughter. It is next submitted that the parties have compromised the case as would manifest from the supplementary affidavit.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid submissions and the fact that the case has been compromised, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with SC/ST P.S. Case No. 05 of 2024, Spl. (POCSO) Case No. 45 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.36502 of 2024(5) dt.20-11-2024 3/3

8. However, the informant shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, if it is found that the Court was misled on the issue of compromise.

(Satyavrat Verma, J) Kundan/- U T