Rahul Singh @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45021 of 2019 Arising Out of PS. Case No.-101 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.
RAHUL SINGH @ RAHUL KUMAR S/O Vigan Singh Resident of village Sonbarsha, Post office- Nabinagar, Police Station- Nabinagar, DistrictAurangabad. 2.
Chhotan Singh @ Amrendra Kumar Singh @ Amarendra Singh S/O Vigan singh Resident of village Sonbarsha, Post office- Nabinagar, Police StationNabinagar, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nivedita Nirvikar For the Opposite Party/s :
Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-07-2019 The petitioners apprehend their arrest in connection with Nabinagar P. S. Case No. 101 of 2019 registered under Sections 323, 341, 354B and 379/34 of the Indian Penal Code and Section 8 of the Protection of Children From Sexual Offences Act. Allegation against the petitioners is that on the day of occurrence, petitioners along with other accused persons entered into the house of the informant and started abusing her and her family. It has further been alleged that on objection being made, one Pawan Kumar held her hand and tried to outrage her modesty and Manish Singh bitten on her left thigh.
Mr. Achint Arya, learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case due to land dispute and both parties belong to same village. He further submits that present case has been filed as a
Patna High Court CR. MISC. No.45021 of 2019(2) dt.22-07-2019 2/2 counter blast to Nabinagar P.S.Case No. 57 of 2019 lodged against the informant, her mother and others family members by Manish Kumar, one of the accused. Learned counsel further submits that similarly situated co-accused Manish Kumar has been granted bail by a co-ordinate Bench of this Court by order dated 28.06.2019 passed in Cr.Misc. No. 38634 of 2019.
After having heard learned counsel for the parties and taking into consideration the fact that parties belong to the same village and there is land dispute between them and further similarly situated co-accused has been granted privilege of bail, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-Cum-Special Judge (POCSO), Aurangabad in connection with Navinagar P.S.Case No. 101 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T