Guddu Singh @ Nilesh Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63236 of 2018 Arising Out of PS. Case No.-95 Year-2018 Thana- SHAMBHUGANJ District- Banka ======================================================

1. Guddu Singh @ Nilesh Kumar Singh Son of Umesh Singh.

2. Jaiki Singh, son of Ramesh Singh, Both are Resident of VillageGulni, P.S. Shambhuganj, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Shambhuganj P.S. Case no. 95 of 2018 registered under Sections 354(B), 504, 506, 34 of the Indian Penal Code and Section 8 of POCSO Act.

Vijayant Kumar Singh, who happens to be teacher of the school is said to have sexually harassed the daughter of the informant and on his apprehension by the police from the place of occurrence, around 100 people including the petitioners facilitated his escape and also extended threatening. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The

Patna High Court Cr.Misc. No.63236 of 2018(2) dt.18-12-2018 2/2 allegation levelled against the petitioners are not specific rather omnibus. There is no allegation of sexual harassment against the petitioners. Petitioners happen to be member of the mob. Similarly situated co-accused, namely, Raja Singh has been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 01.10.2018 passed in Cr. Misc. no. 60789 of 2018.

On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Banka in connection with Shambhuganj P.S. Case no. 95 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T