Sadhu Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59775 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- AKBARPUR District- Nawada ====================================================== 1.

Sadhu Paswan S/o Manik Paswan, 2.

Mithu Paswan S/o Naresh Paswan, 3.

Mithilesh Paswan S/o Fekan Paswan, 4.

Arvind Paswan S/o Lagan Paswan, 5.

Sajan Ram S/o Indu Ram, All are R/o Vill.- Parto Karhari, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mr.Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Spl. (P) 14/18 (POCSCO 05/18) arising out of Akbarpur P.S. Case No.51 of 2018 dated 3.3.2018 , registered for offences punishable under Sections 147, 148, 149, 323, 324, 307, 337, 354, 379, 504, 506 of the Indian Penal Code and Section POCSO Act, 2012.

Allegation against the petitioners is of assaulting the informant and several other persons and allegation against the petitioner no.3 is that he tried to outrage the modesty of Ranju Kumari, a minor girl aged about 16 years.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.59775 of 2018(3) dt.08-04-2019 2/2 that there is case and counter case between the parties and all the injuries are simple in nature, which he has annexed as Supplementary Affidavit and further the police after investigation has not found the case true under section 4 of the POCSO Act.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I, Nawada in connection with Spl. (P) 14/18 (POCSCO 05/18) arising out of Akbarpur P.S. Case No.51 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T