Munni Kunwar v. Sidhnath Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17347 of 2024 Arising Out of PS. Case No.-355 Year-2020 Thana- PUPRI District- Sitamarhi ====================================================== Md. Irshad @ Irsad S/o Md. Chhote @ Md. Chhote Babu R/o Vill - Bailhat (Maweshi Hospital Pupri Bazar), P.S. - Pupri, Dist. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Pupri P.S. Case No. 355 of 2020, registered for the offences punishable under Sections 341, 323, 376, 511, 34 of the Indian Penal Code and Section 8/10 of the POCSO Act.
3. Allegedly, the informant's minor daughter was taken away by this petitioner along with other accused persons and consequently co-accused is said to have committed rape upon her.
4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The allegation of misbehaving with the daughter of the informant is against co-accused Md. Intikhar and not against the petitioner. He has submitted further that the investigating authority has submitted final form but differing with the police report, learned Magistrate, took
Patna High Court CR. MISC. No.17347 of 2024(2) dt.14-03-2024 2/2 cognizance.
5. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act) Sitamarhi in connection with Pupri P.S. Case No. 355 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) Nirmal/- U T