Patna High CourtCR. MISC./49787/2024bail granted

Prem Kumar v. The State Of Bihar

2024-08-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49787 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- Piplawa District- Patna ====================================================== Prem Kumar Son of Ramanand Prasad @ Ramanad Prasad R/O VillageAhuara, P.S.- Piplawan (Pitwas), District- Patna. At present R/O VillagePiplawan, P.S.- Piplawan (Pitwas), District- Patna ... ... Petitioner/s

Versus

The State Of Bihar 2.

Raj Kumar Son of Bachchu Vishwakarma R/O Vill. and P.O.- Adampur, Piplawan, P.S.- Piplawan(Pitwas), Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Rashmi For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and State.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 385, 387, 504, 506, 34 of the Indian Penal Code, Section 25(1-b) of Arms Act and Sections 14/21 of the POCSO Act.

3. As per the prosecution case, on 28.03.2024, the F.I.R. named accused persons misbehaved with the niece of the informant, for which, informant was protesting, in the meantime, four persons sitting in a car came and threatened the informant on the point of pistol and asked him to withdraw the case. It is further alleged that on the next date i.e. 29.03.2024, this petitioner came to the house of informant and gave advice to informant to settle the dispute, but when informant refused to do so, petitioner also threatened him.

Patna High Court CR. MISC. No.49787 of 2024(2) dt.12-08-2024 2/2

4. Learned counsel for the petitioner submits that at best, petitioner is alleged to have threatened the informant. There is no allegation of misbehaving with informant's niece against petitioner. As a matter of fact, petitioner had gone to pacify the dispute between the parties. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of six weeks from today, let the above named petitioner 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 learned A.D.J. VII-cum-Special Judge, POCSO, Patna in connection with Special POCSO Case No. 82 of 2024, arising out of Piplawan (Pitwas) P.S. Case No. 43 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T