Mangal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67080 of 2021 Arising Out of PS. Case No.-145 Year-2021 Thana- HASPURA District- Aurangabad ====================================================== 1.

Mangal Chaudhary Son Of Late Shobhan Chaudhary Resident Of Village - Malahara, P.S.- Haspura, Distt.- Aurangabad (Bihar) 2.

Pawan Kumar Son Sri Mangal Chaudhary Resident Of Village - Malahara, P.S.- Haspura, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Jyoti Kumari D/o Mahesh Paswan Resident of Village - Malahara, P.S.- Haspura, Distt.- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2022 Heard learned counsel for the petitioners and the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 504/34 and other allied sections of the Indian Penal Code, sections 3(1)(r)(s) (w)/3(2)(va) of the SC/ST Act and sections 8/12 of the POCSO Act.

Learned counsel appearing for the petitioners submits that the specific allegation of pulling dupatta from the back and taking photographs and hatching hold of the hand of the informant is against co-accused Pankaj Kumar and there is

Patna High Court CR. MISC. No.67080 of 2021(3) dt.05-09-2022 2/2 general and omnibus allegation of assault against the petitioners. They have been implicated in this case as they are family members of said co-accused Pankaj Kumar. Allegation of offence under section SC/ST Act is ornamental. Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge VI cum Special Exclusive Judge (POCSO) Act, Aurangabad in Haspura Police Station Case No. 145 of 2021, POCSO Case No. 46 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T