Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6094 of 2021 Arising Out of PS. Case No.-442 Year-2020 Thana- GORAUL District- Vaishali ====================================================== 1.

RAUSHAN KUMAR S/o Harindra Pandey, 2.

Rohan Kumar S/o Late Sudama Pandey, Both residents of Village- Mohan Kodhiya, P.S.- Dighwar, Distt- Saran at Chapra. At present both Resident of Village- Narayanpur Bedhuliya, P.S.- Goraul, Distt- Vaishali.

3.

Dipak Kumar S/o Kailash Ram, Resident of Village- Narayanpur Bedhauliya, P.S.- Goraul, Distt- Vaishali.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Y.C. Verma, Sr. Adv.

: Mr.Kaushal Kishor, Adv.

For the Opposite Party/s :

Mr.Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2021 Heard the parties through virtual Court proceedings. The petitioners seek bail in a case registered for the offence punishable under Sections 341/ 323/ 354(A) (B) (C) and 34 of the Indian Penal Code & Sections 8, 12 and 18 of the POCSO Act.

As per FIR, all accused persons including the petitioners have sexually harassed the victim of girl aged about 16 years by passing lewd comments and dashed by-cycle against her she fell upon the ground and they committed aggravated sexual assault upon her.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.6094 of 2021(4) dt.12-08-2021 2/2 petitioners are innocent and have falsely been implicated in this case. He further submits that there was some altercation occurred during playing cricket with the brother of the victim and the present case has been falsely been registered against the petitioners. There is no sexual assault against the victim girl. There is compromise between the parties and the compromise petition has been filed through the supplementary affidavit. The petitioners are languishing in judicial custody since 08.11.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail of the petitioners.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail after completion of one year judicial custody, on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Goraul P.S. Case No. 442/2020 to the satisfaction of learned Court below where the case is pending/ successor Court. (Anjani Kumar Sharan, J) amitkumar/- U T