Pramod Saw @ Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51409 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Pramod Saw @ Pramod Kumar Son Of Late Shivnath Saw R/O VillagePachariya, P.S.- Rafiganj, District- Aurangabad (BIHAR) 2.

Nutan Kumari W/O Pramod Saw @ Pramod Kumar R/O Village- Pachariya, P.S.- Rafiganj, District- Aurangabad (BIHAR) 3.

Pappu Kumar Son Of Late Shivnath Saw R/O Village- Pachariya, P.S.- Rafiganj, District- Aurangabad (BIHAR) 4.

Ruman Kumari Wife Of Pappu Kumar R/O Village- Pachariya, P.S.- Rafiganj, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Dhananjay Paswan Son Of Late Shyam Sunder Paswan R/O VillagePachariya, P.S.- Rafiganj, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the State :

Mr. Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard Mr. Krishna Prasad Singh, learned Senior Counsel assisted by Mr. Bhaskar Shankar for the petitioner and learned APP for the State.

The petitioners apprehend their arrest in connection with Rafiganj P.S. Case No.80 of 2022, registered for the offences punishable under Sections 341, 323, 354(D) and 504 of the Indian Penal Code, Sections 3(1)(r)(s), w(i) of the SC/ST Act as well as under Sections 8/12 of the POCSO Act.

Learned Senior Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.51409 of 2022(2) dt.13-12-2022 2/2 present case. The petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the specific overt act is alleged against co-accused, Nandu Kumar that he is a habitual girl molester and petitioners are the family members of co-accused, Nandu Kumar.

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

Considering the fact that no specific overt act is alleged against the petitioners, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-cum-Special Exclusive Judge (POCSO), Aurangabad in connection with Rafiganj P.S. Case No.80 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T