Patna High CourtCR. MISC./51273/2022partly allowed disposal

Golu Kumar Sharma v. The State Of Bihar

2023-01-19Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51273 of 2022 Arising Out of PS. Case No.-405 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== 1.

GOLU KUMAR SHARMA S/O DINESH SHARMA @ DINESH KUMAR SHARMA Resident of village- Barbanna, P.S.- Lalganj, District- Vaishali at Hajipur.

ABHIMANNU KUMAR SHARMA S/O DINESH SHARMA @ DINESH KUMAR SHARMA Resident of village- Barbanna, P.S.- Lalganj, DistrictVaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 354(A), 354(B), 504 and 506/34 of the Indian Penal Code and Section 12 of the POCSO Act, registered in connection with Lalganj P.S.Case No. 405 of 2020.

As per allegation, petitioner no.1 was teasing 15-

Patna High Court CR. MISC. No.51273 of 2022(2) dt.19-01-2023 2/3 year-old daughter of the informant. On protest, the accused persons named in the FIR assaulted the family members of the informant The learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated in this case. They are the persons of clean antecedents. There is specific allegation against petitioner no.1 that he was teasing the minor girl, which resulted in the occurrence, whereby the family members of the informant became injured. Considering the specific allegation against petitioner no.1, his prayer for anticipatory bail is rejected. However, considering the facts and circumstances, let petitioner no.

2 Abhimannu Kumar Sharma, above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge-VIth-cum-Spl Judge, POCSO, Vaishali at Hajipur in connection with Lalganj P.S.Case No. 405 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by

Patna High Court CR. MISC. No.51273 of 2022(2) dt.19-01-2023 3/3 the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T