Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60083 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- KURTHA District- Jehanabad ====================================================== Sandeep Kumar Son of Late Yashodanand Duvedi @ late yashoda Dubey Resident of Village - Kubri, P.O.- Narhi, P.S.- Kurtha, District - Arwal 804421 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahendra Dubey Son of Ramjatan Dubey Resident of Village - Kubri, P.S.- Kurtha, District - Arwal.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivajee Singh For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 504, 506 and 34 of the Indian Penal Code read with Sections 8 and 12 of the POCSO Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that his daughter on 06.03.2024 had gone to attend the marriage of daughter of Sitara Madam at 08:30 PM, further Prabhansh Mishra, nephew of Sitara Madam, started behaving inappropriately with his daughter, when informant objected,

Patna High Court CR. MISC. No.60083 of 2024(2) dt.20-08-2024 2/3 Prabhansh assaulted by lock on his head, further Alok also caught his hand and thereafter again he was assaulted, it is next alleged that when he complained to Sitara Madam and her son (petitioner) then petitioner abused and threatened.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that thrust of the allegation is against Prabhansh and as far as this petitioner is concerned, the allegation against him is that the informant complained about the misbehaviour of Prabhansh, but then he did not act rather threatened him. It is further submitted that the entire family members have been implicated in order to coerce Prabhansh into submission.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.60083 of 2024(2) dt.20-08-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kurtha P.S. Case No. 89 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T