Shatrudhan Ray @ Satrohan Ray @ Satrodhan Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66267 of 2024 Arising Out of PS. Case No.-156 Year-2024 Thana- PUPRI District- Sitamarhi ====================================================== 1.
Shatrudhan Ray @ Satrohan Ray @ Satrodhan Ray Son of Pradeep Ray village - Kushail, P.S. - Pupri, Dist. -Sitamarhi 2.
Prahalad Ray @ Pahlad Ray @ Prahalad Kumar Son of Shatrudhan Ray village - Kushail, P.S. - Pupri, Dist. -Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Most. Fulo Devi W/o Late Mohan Rai R/o Village- Kushail, P.S. - Pupri, Distt.- Sitamarhi.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024
1. Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 365 and 366A/34, of the Indian Penal Code and Section 8 of the POCSO Act.
3. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the instant case by the informant for the reason that son of the petitioner no.1 namely, Bhola Kumar was in love with the victim, who is daughter of the informant. It is further
Patna High Court CR. MISC. No.66267 of 2024(2) dt.23-10-2024 2/3 submitted that victim eloped with Bhola on 06.02.2024, thereafter, the instant FIR came to be instituted on 04.04.2024 i.e. after a delay of nearly two months without any plausible explanation. It is also submitted that in order to coerce Bhola into submission, the petitioners, who are father and brother of Bhola, came to be implicated with an allegation that they committed rape with the victim. It is submitted that the FIR is not instituted under Section 376 of the I.P.C. and even the victim has not supported the case of the prosecution in her statement recorded under Section 164 of the Cr.P.C.
4. Learned A.P.P. opposes the anticipatory bail application.
5. Considering the submissions made by the learned counsel for the petitioners, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special
Patna High Court CR. MISC. No.66267 of 2024(2) dt.23-10-2024 3/3 Judge, POCSO Act, Sitamarhi in connection with Pupri P. S. Case No.156 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T