Pritam Kumar Pandey @ Chatal Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62201 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== 1.
PRITAM KUMAR PANDEY @ CHATAL PANDEY Son of Krishna Pandey @ Ram Kishun Pandey Resident of Village - Basaon, P.S. - Sikraul, District - Buxar.
2.
Ratan Kumar Pandey @ Patal Pandey Son of Krishna Pandey @ Ram Kishun Pandey Resident of Village - Basaon, P.S. - Sikraul, District - Buxar. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
JAHANVI KUMARI @ PRIYANKA KUMARI D/o Bhola Yadav Resident of Village - Basaon Narayanpur, P.S. - Sikraul, District - Buxar. Presently residing at Alpawas Grih, Buxar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishnu Kant Dubey, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 365, 366, 367, 368, 370, 342, 376(D) and 34 of the Indian Penal Code read with Section 4 and 6 POCSO Act.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent, petitioner no. 1 is aged about 20 years, petitioner no. 2 is aged about 19 years and are twin brothers, and the informant who is a minor alleges that
2/6 since the age of 11, her sister is living in Buxar Budhanpurwa studied at Fort William School, meanwhile in 2019, her brother Raju Yadav took her to the village, where her studies started in the primary school, Narayanpur, in the seventh class, in the same class, accused/petitioners Chatal Pandey and Patal Pandey, two twin brothers used to study in the same school in her village, further alleges that she started talking to both of them and they have called her to the garden of the village and made physical relationship with her in turn and told that if she says something to someone, it will not be good.
Even after this, both these brothers/petitioners continued to have physical relations with her, it is next alleged that one day, after driving her from home, they took her to Buxar, there all three of us were caught by the police and were sent to their respective homes after completing process in the police station, next alleges that the petitioners Chatal and Patal introduced her to a woman named Kajal, who lived in Narayan's house and said that she is the wife of his friend Rohit.
3/6 Brahmapur, so she got ready to go for a walk, then both Kajal, Rahul brought her to Brahmapur by sitting in four wheeler on 29.04.2021 in the car. After going to Brahmapur, she, Rahul and Kajal started living in Kajal's rented house, thereafter one day suddenly victim's boyfriend Rahul went to Delhi, then Kajai didi told that now she has to have physical relationship with Mikku. Mikku also started having a constant relationship with her, further he used to beat her when she protested, further alleges that everyday many boys in the house with their girlfriends were called from Krishna Brahma, Raghunathpur, Brahmapur to make a physical relationship with the girl and money was collected through Kajal, next alleges that if the earning was 1000 rupees, then out of that 200 rupees were given to girls, she doesn't remember the date.
4/6 telling her that if her lover left her then he will marry her, thereafter Vijay started having physical relations with her and Anita dancer started teaching her dance by taking her on stage. Anita's house is next to Krishnabrahm Police Station where the bicycle puncture shop was run by a man named Sadhu where girls were called by Anita for establishing physical relation after seeking payment from the boys, in which Anita and Sadhu had a good nexus and used to earn well.
5/6 6299545405, 8340466926. Further she claims that Chatal, Patal, Rahul, Mikku, Vijay, Sadhu, Kajal had exploited her physically by luring her.
Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and nothing has come during the course of investigation which can ever remotely connect the petitioners with the offences. It is next submitted that statement of the informant was recorded under Section 164 of the Cr.P.C. (Annexure-2) and from perusal of the same it would manifest that she has not even remotely suggested the name of the petitioner, it is thus submitted that when the informant has not even whispered about the petitioner in her statement under Section 164 Cr.P.C. then it appears that petitioners came to be falsely implicated at the instance of someone who got the present F.I.R. instituted by the informant. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the 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 released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
6/6 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Buxar Mahila P.S. Case No. 55 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T