Kopindara Yadav @ Kopindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61114 of 2019 Arising Out of PS. Case No.-448 Year-2019 Thana- MASAUDHI District- Patna ====================================================== Kopindara Yadav @ Kopindra Kumar Son of Late Ramnandan Yadav, Resident of Village- Bhaluan, P.S.- Masaurhi, District- Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-11-2019 Heard learned counsel for the petitioner, learned Addl. Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner is apprehending his arrest in connection with Special (POCSO) Case no.108 of 2019, arising out of Masaurhi P.S. Case No.448 of 2019 registered for the offence under Sections 341, 323, 325, 354(B), 504/34 of the Indian Penal Code and Section 12 of the POCSO Act.

Accusation against the petitioner is that on 14.06.2019 at about 6.00 A.M. while the informant's grand daughters were going to Coaching Class, accused Ram Lagan Yadav started molesting girls and on protest by them he assaulted both of them. Further allegation is that on

Patna High Court CR. MISC. No.61114 of 2019(3) dt.18-11-2019 2/3 alarm, when guardian reached there, he tried to kill them and assaulted the informant's husband Saryug Prasad. On the aforesaid allegation, the present case has been lodged against the petitioner and his family members. It is submitted by learned counsel for the petitioner that due to land dispute, occurrence and assault had taken place, which led to case and counter case in between the parties. He submits that in fact, brother of the petitioner has also been assaulted, for which Masaurhi P.S. Case No.449 of 2019 was lodged under Sections 341, 342, 323, 324, 354(B), 379, 504, 506/34 of the Indian Penal Code against the informant side by the petitioner's brother. Learned Addl.Public Prosecutor as well as learned counsel for the informant have opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender within a period of six weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.61114 of 2019(3) dt.18-11-2019 3/3 learned Addl. District and Sessions Judge-1st-cum-Speical Judge, POCSO, Patna in connection with Masaurhi P.S. Case No.448 of 2019, subject to conditions as laid down under Section 438(2) Cr.P.C.

(Anjani Kumar Sharan, J.) nawalkrs/- U T