Shivji Kewat @ Shivji Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71621 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- DHANARUA District- Patna ====================================================== 1.
Shivji Kewat @ Shivji Kumar Son of Mahesh Kewat @ Mahath Kewat Resident of Village- Shodaha, P.S.- Dhanarua, Distt.- Patna 2.
Dular Chand Kewat Son of Lutan Kewat Resident of Village- Shodaha, P.S.- Dhanarua, Distt.- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Belmanti Devi Wife of Mithlesh Chaudhary Resident of Village- Sevdaha, P.S.- Dhanarua, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh, Advocate For the State :
Mr.Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the petitioners; learned APP for the State and learned counsel for the informant.
2. The petitioners seek bail in connection with Special (POCSO) Case No. 67 of 2024 arising out of Dhanarua P.S. Case No. 103 of 2024 registered for the offence punishable under Sections 341, 342, 323, 504, 506, 354A and 354B of the Indian Penal Code; Section 8 and 12 of the POCSO Act and Section 3(1)(r) (s) of the SC/ST Act.
3. The petitioners and other accused persons are said to have assaulted the victim and molested her.
Patna High Court CR. MISC. No.71621 of 2024(3) dt.11-12-2024 2/3
4. There is no specific allegation against the petitioners. The petitioner no. 1 is in jail since 01.07.2024 and petitioner no. 2 is in jail since 08.07.2024, having clean antecedent.
5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VIIth-cum Special Judge, POCSO, Patna in connection with Special (POCSO) Case No. 67 of 2024 arising out of Dhanarua P.S. Case No. 103 of 2024.
7. The petitioners will also mark attendance in Dhanurua Police Station, District-Patna on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioners.
8. At the time of accepting bail bonds of the petitioners, the Court below will verify the criminal antecedent of the petitioners. If it is found that the petitioners have criminal
Patna High Court CR. MISC. No.71621 of 2024(3) dt.11-12-2024 3/3 antecedent, the Court below shall not accept the bail bonds of the petitioners and if it is found that the petitioners have clean antecedent, their bail bonds shall be accepted by the Court below.
(Sandeep Kumar, J) P. Kumar U T