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Patna High CourtCR. MISC./43282/2022allowed

Munna Singh v. The State Of Bihar

2022-12-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43282 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- MAHILA PS District- Aurangabad ====================================================== 1.

Munna Singh Son Of Late Basudeo Ram Resident Of Village - Hasauli, P.S.- Muffasil, Distt.- Aurangabad.

2.

Suman Devi W/O Munna Singh Resident Of Village - Hasauli, P.S.- Muffasil, Distt.- Aurangabad.

3.

Santosh Singh Son Of Late Basudeo Ram Resident Of Village - Hasauli, P.S.- Muffasil, Distt.- Aurangabad.

4.

Bimal Devi W/O Santosh Singh resident of Village- Hasauli, P.S. Mufassil, District- Aurangabad Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506 and 376/34 of the Indian Penal Code and Section 4 of the POCSO Act.

Allegedly, it is a case of commission of rape by coaccused Rohit Kumar. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.43282 of 2022(2) dt.09-12-2022 2/2 further submits that the petitioners, as alleged in the FIR, abused and assaulted to the informant but there is no allegation of rape against them and general and omnibus allegation against the petitioners. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-cum-Special Exclusive Judge (POCSO), Aurangabad in connection with Aurangabad Mahila P.S. Case No. 21 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T