Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66100 of 2022 Arising Out of PS. Case No.-4 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== 1.

ANIL YADAV S/O RAJU YADAV Resident of village- Charokharigarh, P.S.- Fatehpur, District- Gaya.

2.

RANJIT YADAV @ RANJIT KUMAR S/O RAJU YADAV Resident of village- Charokharigarh, P.S.- Fatehpur, District- Gaya. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 354(A), 504 and 34 of the IPC and section 8 of the POCSO Act.

As per the prosecution case, the petitioners teased the minor daughter of the informant with bad intention and took her away towards the field but when started crying, the petitioners fled away from the spot.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case merely on suspicion. No such occurrence, in the manner as alleged, has

Patna High Court CR. MISC. No.66100 of 2022(2) dt.25-02-2023 2/2 ever taken place. The parties are agnates and there is an admitted land dispute between them. After investigation, police filed charge sheet against the petitioners u/s 341, 342, 323, 504 of the IPC on 31.08.2020 but the court below has taken cognizance against the petitioners on 06.03.2021 u/s 341, 342, 323, 504, 354 and 8 of POCSO Act. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Fatehpur P.S. Case No.04 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T