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Patna High CourtCR. MISC./54552/2021dismissed

Raushan Ravidas v. The State Of Bihar

2022-11-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54552 of 2021 Arising Out of PS. Case No.-86 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

RAUSHAN RAVIDAS Son of Mahendra Ravidas Resident of VillagePanhari, P.S.- Khizarsarai, District- Gaya. 2.

Shailesh Ravidas Son of Amirak Ravidas Resident of Village- Panhari, P.S.- Khizarsarai, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard both sides.

Petitioners apprehend their arrest in connection with Khizersarai P.S. Case No.86 of 2021, registered for the offences punishable under Sections 147, 341, 323, 354(B), 376, 511, 379, 504 and 506 of the Indian Penal Code as well as under Sections 8/12 of the POCSO Act.

The petitioners are said to have tried to outrage the modesty of the informant. When the brothers of the informant went to the house of Dharmendra Ravidas to inquire about the matter, they were assaulted by the accused persons. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.54552 of 2021(3) dt.07-11-2022 2/2 present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the statement of victim was recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case. It is submitted that police has not submitted chargesheet till date and investigation is going on. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that the victim is minor, which is clear from the school certificate enclosed with the case diary.

Considering the fact that the victim is minor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T