Vindyavasini Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62030 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- MAHILA P.S. District- Vaishali ====================================================== 1.

Vindyavasini Singh Son of Late Bhukhal Singh Resident of Village- Desari, Police Station- Desari, Dist.- Vaishali.

2.

Vinod Singh@Vinod Kumar Singh Son of Late Bhukhal Singh Resident of Village- Desari, Police Station- Desari, Dist.- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar, Patna 2.

Radha Kumari Krishandev Singh R/V- Jafarabad, P.O.- And Ps- Desari, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2024

1. Heard learned Counsel for the petitioners and learned APP for the State.

2. This application, for grant of anticipatory bail arises out of Hajipur Mahila PS case no. 27 of 2024, registered for the offences punishable under Sections 341/323/376/493 and 34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. As per the prosecution story, the informant is student of Class X, aged about 14 years, and it is alleged that she met the co-accused Priyaranjan Kumar one year back. On 24.11.2023, co-accused Priyaranjan Kumar established physical relations with informant against her will and continue to dos so

Patna High Court CR. MISC. No.62030 of 2024(2) dt.17-10-2024 2/3 after blackmailing her. The petitioners are the maternal grandfathers of the co-accused Priyaranjan Kumar where he used to reside.

4. Learned counsel for the petitioners submits that petitioners have been made accused merely on the ground that they happen to be the maternal grandfathers of the co-accused Priyaranjan Kumar with whom the informant was having love relationship and the co-accused established physical relationship with her. Apart from above, there is no serious allegation against the petitioners and the co-accused Priyaranjan Kumar has been granted regular bail by the Bench of this Court in Cr. Misc. No. 65083 of 2024, dated 01.10.2024. He further submits that the victim girl in her statement recorded under Section 164 Criminal Procedure Code has not alleged anything against the petitioners.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the statement of the victim girl recorded under Section 164 Cr.P.C., I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of

Patna High Court CR. MISC. No.62030 of 2024(2) dt.17-10-2024 3/3 their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Mahila Police Station Case No. 27 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T