Ajay Kumar @ Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.523 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- PANDARAK District- Patna ====================================================== 1.

AJAY KUMAR @ AJAY YADAV S/o Ram Phal Yadav Resident of Vill.- Lemuabad, P.S.- Pandarak, Distt.- Patna.

2.

Saina Yadav @ Saina Kumar S/o Kamal Dhari Prasad Resident of Vill.- Lemuabad, P.S.- Pandarak, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-10-2021 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Special Case No. 142 of 2020 arising out of Pandarak P.S. Case No. 78 of 2020 registered under Sections 341, 323, 504, 506, 354/34 of the Indian Penal Code and 8/10 of the POCSO Act.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to village politics. Further, he submits that earlier a case was lodged by the petitioner no. 1 against the informant's side in which his son

Patna High Court CR. MISC. No.523 of 2021(2) dt.26-10-2021 2/2 was brutally assaulted by the accused persons, as detailed in Annexure-2 to the bail application. It is also contended that in the present case, first information report is lodged after lapse of five days of the alleged occurrence.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional District and Sessions Judge-I-cum-Special Judge, POCSO, Patna in connection with Pandarak P.S. Case No. 78 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) shailendra/- U T