Pradeep Ram @ Pradeep Kumar Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.100 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Pradeep Ram @ Pradeep Kumar Ram, Son of Shiv Nath Ram

2. Ram Sunder Ram, Son of Shivji Ram Both are Resident of Village- Bangara, Police Station- Maharajganj, District- Siwan.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Arbind Kumar, Advocate For the Opposite Party : Mr. Sunil Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Mahila P.S. Case No. 80 of 2016 instituted for the offence under Sections 366(A)/376(D) of Indian Penal Code and Section 6/8 of POCSO Act.

It is alleged in the written report that on the date of occurrence when daughter of the informant aged about 12 years was going to her school, in the meantime, Ramsunder Ram and Ajit Ram forcibly sat her on motorcycle and petitioner no.1 Pradeep Ram was driving the motorcycle and Ajit Ram was pressing her mouth from behind the back on the motorcycle. They

Patna High Court Cr.Misc. No.100 of 2017 (2) dt.10-01-2017 2/2 took her to Siwan and gave intoxicant and thereafter, they took her to New Delhi and from there Ajit kept her in a room and all of them committed illegal act with her. The statement of the victim girl recorded under Section 164 Cr.P.C has been enclosed as Annexure-3 wherein she has stated that she is aged about 12 years and court has assessed her age to be 16 years. The victim girl has taken the name of all these petitioners in the commission of the offence. Therefore, the court does not find it a fit case for grant of anticipatory bail. Accordingly, this anticipatory bail petition is hereby rejected in Mahila P.S. Case No. 80 of 2016. The petitioners are directed to surrender before the court below within four weeks from today and seek regular bail which shall be considered and disposed of without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T