Kashish Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47620 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== 1.
KASHISH RAJ D/O- YUGAL KISHORE PRASAD @ YUGAL KISHOR PRASAD VERMA VILLAGE- JALALPUR, P.S.- RAUSHANGANJ, DISTT.- GAYA 2.
KAJAL KUMARI D/O- YUGAL KISHORE PRASAD @ YUGAL KISHOR PRASAD VERMA VILLAGE- JALALPUR, P.S.- RAUSHANGANJ, DISTT.- GAYA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SARITA DEVI WIFE OF YOGENDRA KUMAR MOHALLAKOIRIBARI NEAR SHIV MANDIR P.S.- CIVIL LINE, DISTT.- GAYA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Anil Kumar Saxena, Advocate Ms. Basanti Kumar, Advocate For the State :
Mr. Pramod Kr. Pandey, APP For Opposite Party No.2 :
Mr. Raghav Kumar, Advocate Mr. Amresh Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 354B, 506 and 509 of the Indian Penal Code, Sections 66(C) and 66(D) of the I.T. Act and Sections 14 and 15 of the POCSO Act.
3. The prosecution case in brief is that a dispute took place between son of the informant and co-accused Anurag Kumar and thereafter, co-accused Anurag Kumar and others threatened son of informant of dire consequences. It is further
Patna High Court CR. MISC. No.47620 of 2024(2) dt.20-09-2024 2/3 alleged that they also posted obscene photographs and videos of daughter of informant and demanded Rs. 5,00,000/- to remove the photos and videos and delete the fake accounts.
4. It is submitted by learned counsel appearing on behalf of the petitioners that from bare perusal of the F.I.R. it is apparent that specific accusation is against co-accused Anurag Kumar, who has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 06.05.2024 passed in Cr. Misc. No. 9754 of 2024. There is no specific allegation of overt act against these petitioners and they have been made accused in this case merely because they happen to be sisters of co-accused Anurag Kumar. Petitioners are females and have got clean antecedents.
5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.47620 of 2024(2) dt.20-09-2024 3/3 petitioners be enlarged 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 Spl. Judge POCSO Court-cum-ADJ VI, Gaya, in connection with Civil Line P.S. Case No. 423 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T