Asha Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45773 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -SIKANDARA District- JAMUI ======================================================
1. Asha Devi Wife of Madan Rabidas.
2. Pappu Kumar Son of Madan Ravidas Both are the residents of villageKumar, Police Station- Sikandra, District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-11-2016 Heard both sides.
The petitioners apprehend their arrest in Sikandra P.S. case No. 139 of 2016 under Section 354, 366A, 511, 506, 323 of the Indian Penal Code and under Section 10, 12 of POCSO Act.
The informant filed complaint petition 918C of 2016 alleging therein that Pappu Kumar, petitioner No.2, used to hurl abusive language at her for which a Panchayati was also held. The learned counsel for the petitioners submits that the occurrence is said to have taken place on 31.07.2016 but the complaint petition was filed on 02.08.2016 on the basis of which the present FIR was lodged. It is submitted that prior to lodging of
Patna High Court Cr.Misc. No.45773 of 2016 (2) dt.25-11-2016 2/2 the complaint petition, Pappu Kumar, petitioner No.2, on 14.07.2016, filed informatory petition before the learned SDM, Jamui, alleging therein that the informant may implicate him and his family members in false cases.
Considering the facts aforesaid and the nature of allegations made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-Special Judge, POCSO, Jamui in Sikandra P.S. Case No. 139 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) BKS/- U T