Dev Kumar Ray @ Deva Roy @ Dev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33775 of 2023 In CRIMINAL APPEAL (SJ) No.355 of 2023 Arising Out of PS. Case No.-92 Year-2021 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

DEV KUMAR RAY @ DEVA ROY @ DEV KUMAR Son of Sri Kedar Rai Resident of village-Dih Kalna, P.O.-Aurahi, P.S.-Kusheshwar Asthan, District-Darbhanga 2.

RAHUL KUMAR @ RAHUL RAI Son of Ramavtar Rai Resident of village-Dih Kalna, P.O.-Aurahi, P.S.-Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

LAKMI KUMARI Daughter of Horil Paswan Resident of village-Dih Kalna, P.S.-Kusheshwar Asthan, District-Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend arrest in connection with Kusheshwar Asthan P.S. Case No. 92 of 2021 registered for the offence under sections 376/34 of the Indian Penal Code, sections 4 and 6 of the POCSO Act, section 67B of the I.T. Act and section 3(2)(v) of the SC/ST (POA) Act.

Learned counsel for the petitioner submits that petitioners have not committed any offence as alleged in the

Patna High Court CR. MISC. No.33775 of 2023(5) dt.19-05-2023 2/2 first information report and they have been falsely implicated in this case. As a matter of fact, the police after investigation has submitted final form finding no evidence against these petitioners, as is evident from Annexure-2. Petitioners have no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioners, above named, are directed to be released on bail on furnishing personal bond to the satisfaction of Special Judge POCSO, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 92 of 2021 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Arvind Srivastava, J) mcv/- U T