Ankit Kumar @ Ankit Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33513 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- SIMRI District- Buxar ====================================================== Uttam Kumar Yadav @ Uttam Kumar son of Bhikhari Yadav Resident of Village- Gop Bharauli, P.S.- Simri, Dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34607 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- SIMRI District- Buxar ====================================================== Ankit Kumar @ Ankit Kumar Yadav son of Uttam Kumar Yadav @ Uttam Kumar Resident of Village- Gop Bharauli, P.S.- Simri,Dist.- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 33513 of 2024) For the Petitioner/s :
Mr.Aditya Nath Pandey For the Opposite Party/s :
Mr. Akshay Lal Pandit (In CRIMINAL MISCELLANEOUS No. 34607 of 2024) For the Petitioner/s :
Mr.Aditya Nath Pandey For the Opposite Party/s :
Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, in both the applications.
2. These applications, for grant of anticipatory bail, arise out of Simri Police Station Case No. 242 of 2023, disclosing offences punishable under Sections 341/323/354-
Patna High Court CR. MISC. No.33513 of 2024(2) dt.27-05-2024 2/3 B/379/509/34 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act, 2012.
3. The prosecution case, as per the First Information Report, is that the petitioner, Ankit Kumar, caught hold the hand of the informant's daughter while she was going to purchase some materials from the market and also tried to impress her. When the informant side went to lodge a complaint against the petitioner, Ankit Kumar, his father, namely, Uttam Kumar (petitioner of Criminal Misc. No. 33513 of 2024) abused the informant.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to dispute between neighbours. The informant is the nextdoor neighbour of the petitioners. The allegation against the petitioner, Ankti Kumar, is that he only caught hold the hands of the informant's daughter. Ankit Kumar is a student and has, now, competed in the examination for selection in Bihar Police.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that both the parties are next door
Patna High Court CR. MISC. No.33513 of 2024(2) dt.27-05-2024 3/3 neighbours, I am inclined to grant the petitioners privilege of anticipatory bail.
6. These applications are, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, 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 learned 5th Additional Sessions Judge -cum- Special Judge, POCSO, Buxar, in connection with Simri Police Station Case No. 242 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √