Bipin Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73806 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- JAIPUR District- Banka ======================================================
1. Bipin Yadav Son of Bindesh Yadav,
2. Ashish Yadav, Son of Dashrath Yadav, Both are resident of Village- Chak Roshan, P.S.- Rajaun, District- Banka.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 This is an application for grant of anticipatory bail in connection with Jaipur P.S. Case No. 24 of 2018, disclosing offences under Sections 376, 511, 34 of the Indian Penal Code and Section 4/8 of the POCSO Act.
Allegation against the petitioners and other accused person is of ragging the informant with bad intention, who is minor, in course of that the informant and one co-accused person fell down in a well and the petitioners were succeeded in fleeing away.
Submission of learned counsel for the petitioners is that they are named only on the basis of confessional statement of co-accused person and have falsely been implicated in this case.
Patna High Court Cr.Misc. No.73806 of 2018(3) dt.25-01-2019 2/2 Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioners stating that the names of the petitioners transpired on the statement of co-accuse person, who was arrested from the spot and also the case is under POCSO Act.
Having heard both sides, considering the above facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners, rather they should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court. Accordingly, this application is dismissed.
(Vinod Kumar Sinha, J) Amjad/- U T