Mehrun Nesha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42650 of 2023 Arising Out of PS. Case No.-112 Year-2022 Thana- MANPUR District- West Champaran ====================================================== Mehrun Nesha Wife Of Shaikh Noorul Resident Of Village - Sahnaula Tadi, P.S. - Manpur, Distt. - West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Indradeo Ram Son of Late Ugam Ram Resident of village - Sahnaula Tadi, P.S. - Manpur, Distt. - West Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gauri Shankar Thakur For the Opposite Party/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 504, 506 of the Indian Penal Code, Section 4, 8 of the POCSO Act and Sections 3(i)(r)(s)(w) and 3(2)(v)(va) of the SC/ST Act.
3. The allegation against the petitioner is that he has committed rape upon the daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.42650 of 2023(2) dt.04-08-2023 2/2 the police after investigation submitted final form against the petitioner but the learned Court below differed the final form and took cognizance against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Manpur P.S. Case No. 112 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T