Sakal Raut And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9503 of 2015 Arising Out of PS.Case No. -139 Year- 2013 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================
1. Sakal Raut Son of Late Bhami Raut
2. Khakiya Devi Wife of Sakal Raut
3. Sujeet Kumar Son of Sakal Raut .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anish Chandra, Advocate For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-04-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324 and 376/34 of the Indian Penal Code and 7/8 the Protection of Children from Sexual Offences Act, 2012.
It is alleged that co-accused Sushil Kumar took away 6 years old daughter of the informant in the hutment of one Asha Devi and tried to establish forceful physical relationship but after seeing Asha Devi flee away from the place of occurrence. When informant and her husband went to make complaint to the petitioners being parents and brother of co-accused Sushil Kumar, the informant was assaulted by 'lathi', 'danda', fists and slaps. Subsequently, informant's sister-in-law (Pachiya Devi)
Patna High Court Cr.Misc. No.9503 of 2015 (2) dt.21-04-2015 2/2 came to rescue she was also assaulted by the accused persons. It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of petty dispute and there is no injury report of the informant on record, a statement to this effect has been made at paragraph 10 of the petition. A statement has also been made at paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the thrust of accusation against co-accused Sushil Kumar, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahnar P.S. Case No.139 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T