Manish Pasi @Ankit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40863 of 2023 Arising Out of PS. Case No.-13 Year-2023 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== 1.
MANISH PASI @ANKIT KUMAR SON OF KRISHNA CHAUDHARY@ ARJUN PASI RESIDENT OF VILLAGE- PATSERWAN, PS- MOHANIA, DIST -KAIMUR BHABUA 2.
VIMALESH PASI @ VIMLESH KUMAR SON OF RAJENDRA PASI @ NAKHRU PASHI RESIDENT OF VILLAGE- PATSERWAN, PSMOHANIA, DIST -KAIMUR BHABUA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Pandey, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 354, 504, 506 and 34 of the Indian Penal Code and Section 12 of the POCSO Act.
3. The informant alleges that when she along with her younger sister were coming from the coaching when petitioners pulled her scarf and when she protested they started abusing her by using foul language, further pelted stones by showing their pistols and also threatened to kill her family members, further the occurrence was recorded by the informant, it is next alleged
Patna High Court CR. MISC. No.40863 of 2023(2) dt.03-08-2023 2/3 that Vipin Chaudhary and Sonu Chaudhary asked for her mobile number and on protest, started abusing her which was supported by two other named accused persons, it is next alleged that the accused also threatened to implicate her in a case of SC/ST Act.
4. The learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that petitioners are also students and are known and perhaps their gesture to talk with the informant and her sister was not liked and thus the present FIR came to be instituted with an exaggerated allegation, it is also submitted that informant realizing her mistake and on intervention of well wishers filed a joint compromise petition before the learned Trial Court, it is next submitted that in the event, if petitioners are sent to judicial custody their entire career would get jeopardized and chances are bright that they may come in contact with hardened criminals as they are of impressionable age of 23 years and 22 years respectively.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners and the fact that a joint compromise
Patna High Court CR. MISC. No.40863 of 2023(2) dt.03-08-2023 3/3 petition has been filed, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila (Bhabhua) P.S. Case No. 13 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. One of the bailors of the petitioners shall be their respective fathers, Krishna Chaudhary @ Arjun Pasi and Rajendra Pasi @ Nakhru Pashi.
(Satyavrat Verma, J) GauravSinha/- U T