Anoj Kumar @ Anuj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31164 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.
ANOJ KUMAR @ ANUJ KUMAR S/o Shri Shyam Sundar Ray, R/o village- Bishrampur, P.S.- Jurawanpur, District- Vaishali. 2.
Suddan Kumar @ Sudeen Kumar S/o Sri Vidya Nand Ray, R/o villageMahmadpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Manglam For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
An affidavit has been filed on behalf of the father of the petitioners. Let it be kept on record.
In this case, the petitioners are seeking anticipatory bail in connection with Bakhtiyarpur P.S. Case No. 84 of 2019 registered for offence punishable under sections 354 (A) and 354 (D) of the Indian Penal Code and 12 of the POCSO Act. The informant has lodged an FIR that her daughter is being tortured by both the petitioners and on that account, she stopped attending the school and whenever the girl went to the top of her house, both the petitioners used to give wrong
Patna High Court CR. MISC. No.31164 of 2019(3) dt.16-05-2019 2/3 sign with wrong manner and also used to throw written letter with filthy language. The informant has requested to take proper step against the accused persons.
The learned counsel for the petitioners submits that petitioners are young boy and their father has filed an affidavit stating therein that they will monitor the activity of both the petitioners and they will ensure that they will not indulge in such activity, harassing daughter of informant. Looking to the age of the petitioners and looking to undertaking the prayer for bail of the petitioners is allowed and they, in the event of arrest or surrender before the court below within six weeks from today, are directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of 1st Additional District and Sessions Judge-cum-Special Judge (POCSO) Act, Patna in connection with Bakhtiyarpur P.S. Case No.
84 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioners will not induce any witness or tamper with the evidence.
Patna High Court CR. MISC. No.31164 of 2019(3) dt.16-05-2019 3/3 disposal of trial and make themselves available as and when required by the court. The father of these petitioners will monitor the activities of their respective sons and they must ensure that their son should not indulge in such type of activity in future. If the petitioners continue/engage themselves in such type of activity, the prosecution will have liberty to make a prayer for cancellation of their bail.
(Shivaji Pandey, J) Mahesh/- U T