Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 41360 of 2024 Arising Out of PS. Case No.-882 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Rakesh Kumar Son of Parama Ram @ Prama Ram R/O Vill.- Bahurupiya, P.S.- Turkauliya, Dist.- East Champaran ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Savita Devi Wife of Rama Shankar Rai R/O Vill.- Bahurupiya, P.S.- Turkauliya, Dist.- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Turkauliya P.S. Case No. 882 of 2023, instituted under Sections 147, 149, 447, 341, 323, 379, 354(B), 504, 506 of the Indian Penal Code and Sections 8 & 12 of the POCSO Act.
3. As per the prosecution case, petitioner is alleged to have molested the daughter of the informant while she had gone to clean vegetables. It is alleged that F.I.R. named accused persons came there and assaulted the informant and her family members and took away her Mangalsutra worth Rs. 10,000/-.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case.
Patna High Court CR. MISC. No. 41360 of 2024(2) dt.03-07-2024 2/2 Both parties are neighbours and there is land dispute regarding pathway. It is further submitted that father of the victim girl and villagers were present near the place of occurrence and in view thereof, the allegation made against the petitioner is suspicious. There is delay of three days in lodging the F.I.R. without any plausible explanation. Petitioner is ready to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Turkauliya P.S. Case No. 882 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) rakhi/- U T