Patna High CourtCR. MISC./23241/2016bail granted

Daya Shankar Yadav And ORS v. The State Of Bihar

2016-05-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23241 of 2016 Arising Out of PS.Case No. -1 Year- 2016 Thana -SC ST P.S. District- SIWAN ======================================================

1. Daya Shankar Yadav,

2. Urmila Devi

3. Guddu Kumar Yadav

4. Vijay Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,341,323,504,379,376/511 of the Indian Penal Code, section 3(1)(xi)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and sections 7 and 8 of Protection of Children from Sexual Offences Act.

The prosecution case is that co accused Deepak Kumar attempted to ravish the seven-years-old-daughter of the informant when the informant made complaint, thereafter the petitioners abused the informant by calling caste name and made assault. It is submitted by the learned counsel for the petitioners that the thrust of accusation is against co accused Deepak.

Patna High Court Cr.Misc. No.23241 of 2016 (2) dt.24-05-2016 2/2 Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Admittedly, so far as second part of the occurrence is concerned, as the occurrence took place on the door of the Deepak Kumar which cannot be treated as place of public view. It is further submitted that for the occurrence of 13.1.2016 at 3 P.M. the FIR was registered on 14.1.2016 at 2 P.M. Considering the thrust of accusation against co accused Deepak Kumar, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge (ADJ I) Siwan in connection with Siwan SC/ST P.S. Case No. 1 of 2016 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T