Guddu Paswan @ Sahjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38820 of 2019 Arising Out of PS. Case No.-345 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

GUDDU PASWAN @ SAHJEET KUMAR Son of Sri Pradeep Pawan 2.

Vikash Kumar @ Vikash Kumar Chaudhary Son of Krishna Chaudhary Both are Residents of Village - North Sanghat, P.S.- Phulwari Sharif, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Ghosarvey For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 The petitioners apprehend their arrest in connection with Phulwari P. S. Case No. 345 of 2019 registered under Sections 354B/34 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioners as per FIR is that while the informant was going to attend her coaching class, two persons i.e., petitioners intercepted her and misbehaved with her and upon protest they started assaulting the informant also. Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as both parties reside in adjacent village and petitioners are also studying in BA course. He further submits there was no intention on behalf of the petitioners to outrage the

Patna High Court CR. MISC. No.38820 of 2019(5) dt.24-10-2019 2/2 modesty of the informant and petitioners have also got no criminal antecedent.

Having regard to the submissions made by the parties and taking into consideration the fact that petitioners are student and they did not try to outrage the modesty of the informant, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Special Court POCSO-cum- Additional Sessions Judge-1st, Patna in connection with Phulwari P.S.Case No. 345 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T