Bhola Sah @ Ram Ashish Sah @ Ramashish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2590 of 2021 Arising Out of PS. Case No.-130 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

BHOLA SAH @ RAM ASHISH SAH @ RAMASHISH SAH, S/o Ram Briksh Sah, Resident of Vill. - Thumma, P.S. - Runnisaidpur, Distt.- Sitamarhi.

2.

Bachcha Sah, S/o Lal Bahadur Sah, Resident of Vill. - Thumma, P.S. - Runnisaidpur, Distt. - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-11-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 354(B), 307 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offenses Act, 2012. Direct allegation is there against petitioner no. 1 Bhola Sah to have attempted to sexually molested the two minor girl. Petitioner No. 1 Bhola Sah is already in custody. Hence, his prayer for anticipatory bail is infructuous now.

For the aforesaid occurrence, a subsequent occurrence of assault took place wherein ten persons including the petitioner no. 2 Bachcha Sah are named. Petitioner No. 2 Bachcha Sah has got no

Patna High Court CR. MISC. No.2590 of 2021(2) dt.15-11-2021 2/2 criminal antecedent.

Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering nature of allegation against petitioner no. 2 Bachcha Sah which is general and omnibus, let the petitioner no. 2 Bachcha Sah, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Runni Saidpur Police Station Case No. 130 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner no. 2 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner no. 2. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner no. 2 shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T