Hari Dayal Bhagat @ Harijee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1468 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- NAYAGAON District- Saran ====================================================== 1.

HARI DAYAL BHAGAT @ HARIJEE SON OF LATE BHAGWAN BHAGAT RESIDENT OF VILLAGE-HASANPUR,P.S-NAYAGAON, DISTRICT-SARAN AT CHAPRA 2.

DEVENDRA@DEVENDRA BHAGAT@DEVENDRA PD. CHAURASIA SON OF SRI HARI DAYAL BHAGAT@HARIJEE RESIDENT OF VILLAGE-HASANPUR,P.S-NAYAGAON, DISTRICT-SARAN AT CHAPRA 3.

AHILYA DEVI WIFE OF DEVENDRA @ DEVENDRA BHAGAT @DEVENDRA PD. CHAURASIA RESIDENT OF VILLAGEHASANPUR,P.S-NAYAGAON, DISTRICT-SARAN AT CHAPRA ... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Shahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in connection with Nayagaon P.S. Case No. 106 of 2020, registered for the offences punishable under Sections 376, 420, 406 of the Indian Penal Code and Section 66(c) of the Information & Technology

Patna High Court CR. MISC. No.1468 of 2021(2) dt.02-11-2021 2/3 Act.

The informant, Puja Devi is wife of Om Prakash Singh. She made allegation that co-accused Ankit Chaurasia, has sexually exploited her and also made a videograph and used to blackmail her. Forcibly, he put sindoor in her forehead. The allegation against the petitioner is that they were assisting the main accused in the alleged crime.

Learned counsel for the petitioners has submitted that petitioner No. 1 is grand father and petitioner Nos. 2 and 3 are parents of Ankit Chaurasia, they have falsely been implicated in this case only in order to create pressure. They have no concern with the alleged crime. He has further submitted that the informant in her statement under Section 164 Cr.P.C. has not even whispered the name or indulgence of the petitioners. On the other hand, learned APP for the State has opposed the prayer for bail of the petitioner. The statement of the victim under Section 164 Cr.P.C. has been annexed with the record as Annexure-2 which shows that she has named only Ankit Chaurasia and she has not whispered even the name of the petitioners in the alleged occurrence.

As such, let the petitioners in the event of their arrest

Patna High Court CR. MISC. No.1468 of 2021(2) dt.02-11-2021 3/3 or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Saran at Chapra in connection with Nayagaon P.S. Case No. 106 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T