Meghu Rishi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36781 of 2024 Arising Out of PS. Case No.-347 Year-2023 Thana- KASBA District- Purnia ====================================================== 1.

Meghu Rishi SOB OF GUDDU RISHI VILLAGE- SHOUTHA, WARD NO. 4, PANCHAYAT - SOUTHA, PS- KASBA, DIST- PURNEA 2.

SAIFUDDIN SON OF JULLUR RAHMAN VILLAGE- SHOUTHA, WARD NO. 4, PANCHAYAT - SOUTHA, PS- KASBA, DIST- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Bijendra Kumar Singh, Adv For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 376, 504, 506/34 of the Indian Penal Code and Section 4 of POCSO Act. 3.

As per the FIR, the petitioners and other co-accused persons entered in the house of the informant and kidnapped her daughter and took her to a pond about 200 meters away from her house, where co-accused Nurul forcibly raped her daughter. 4.

It is submitted by learned senior counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.36781 of 2024(2) dt.26-06-2024 2/2 earlier the petitioner no.1 has filed a case against the husband of the informant thereafter the present case has been lodged by the informant's side. There is an admitted land dispute between the parties and a title suit is pending between them. There is no specific overt act against the petitioners. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is a case and counter case between the parties, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Kasba P.S. Case No.347 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T