Govind Kewat @ Govind Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69916 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

GOVIND KEWAT @ GOVIND CHOUDHARY son of Krishna Kewat @ Krishna Choudhary Village- Bahadurganj Ps- Sigori @ Simandi Dist- Patna 2.

KRIPA KEWAT @ KRIPA CHOUDHARY S/o- JAWAHAR KEWAT Village- Bahadurganj Ps- Sigori @ Simandi Dist- Patna 3.

Munna Kewat @ Munna Choudhary son of Prem Chand Kewat VillageBahadurganj Ps- Sigori @ Simandi Dist- Patna 4.

Jodhi Kewat @ Jodhi Choudhary son of Kripa Kewat Village- Bahadurganj Ps- Sigori @ Simandi Dist- Patna 5.

Rupa Kumari D/o- Krishna Kewat @ Krishna Choudhary VillageBahadurganj Ps- Sigori @ Simandi Dist- Patna 6.

Rupa Devi wife of Ram Chandra Kewat Village- Bahadurganj Ps- Sigori @ Simandi Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoranjan Kumar, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-02-2024

1. Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Shakurabad P.S. Case No. 193 of 2022, registered for the offences punishable under Sections 363, 366(A), 376, 376(B), 506, 34 of the Indian Penal Code and Sections 4, 8, 6, 10 of the POCSO Act.

Patna High Court CR. MISC. No.69916 of 2023(3) dt.27-02-2024 2/3

3. The allegation against all above named petitioners is to abduct the daughter of informant and one another girl alongwith co-accused persons for the purpose of illicit intercourse.

4. Learned counsel appearing on behalf of the petitioners submitted that thrust of allegation appears against coaccused Durga Kewat, who has already granted regular bail by one of the learned co-or Bench of this Court through Cr. Misc. No. 51417 of 2023 dated 15.12.2023. It is submitted that the petitioners implicated with present case being the relative of main co-accused Durga Kewat, where Petitioner no. 1 is brother, petitioner no. 2 is grandfather, petitioner nos. 3 and 4 are uncle and petitioner nos. 5 and 6 are sisters of co-accused Durga Kewat. It is submitted that victim girls while recording their statement under Section 164 of Code of Criminal Procedure (Cr.P.C.) have not made any allegation qua physical/sexual assault against petitioners. While concluding the arguments, it is submitted that petitioners are of clean antecedents.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances, as implication of petitioners above named with present case prima facie appears due to relative/family members of co-

Patna High Court CR. MISC. No.69916 of 2023(3) dt.27-02-2024 3/3 accused Durga Kewat against whom thrust of allegation is available as to abduct the minor victims, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond 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-6 Cum Special Judge (POCSO), Jehanabad/concerned Court, where the case is pending in connection with Shakurabad P.S. Case No. 193 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T