Vipin Kumar Ray @ Alok Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58137 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== VIPIN KUMAR RAY @ ALOK KUMAR RAY Son of Jitendra Ray under guardianship of his father jitendra ray s/o sukul roy Resident of VillageBajahia, Police Station-Dariyapur, District-Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Rajiv Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2019 The petitioner apprehends his arrest in connection with Dariyapur P. S. Case No. 64 of 2019 registered under Sections 323,341 and 354/34 of the Indian Penal Code and Section 8 of the POCSO Act.

Allegation against the petitioner is that while the informant went for fair along with cousin, petitioner caught her hand and tried to pull her and when she protested, he, in course of fleeing away, pulled her cloth.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case inasmuch as there is dispute between the parties on trivial issue and father of the informant was having a shop in the said fair in which petitioner along with others had gone to purchase certain

Patna High Court CR. MISC. No.58137 of 2019(2) dt.16-09-2019 2/2 things and scuffle took place in between the parties on some issue. Learned counsel further submits that upon perusal of the FIR, no offence under Sections 7 and 8 of POCSO Act is made out against the petitioner.

Having regard to the submissions made by the parties and taking into consideration the fact that the dispute appears to have arisen in between the parties on trivial issue in a fair, accordingly I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st, Saran at Chapra in connection with Dariyapur P.S.Case No. 64 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T