Krishnadev Tiwari @ Krishna Dev Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76790 of 2024 Arising Out of PS. Case No.-120 Year-2017 Thana- SIMRI District- Buxar ====================================================== 1.

Krishnadev Tiwari @ Krishna Dev Tiwary S/O Ramashankar Tiwari Resident of Village- Simri Bairagi Tola, P.S- Simri, District- Buxar. 2.

Sonam Tiwari S/O Rampravesh Tiwari Resident of Village- Simri Bairagi Tola, P.S- Simri, District- Buxar.

3.

Rajiv Ranjan Tiwari @ Ranjan Tiwari S/O Ramji Tiwari Resident of Village- Simri Bairagi Tola, P.S- Simri, District- Buxar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajesh Tiwari S/O Rampravesh Tiwari R/O Village- Simri Mathiya Bairagi Tola, P.S- Simri, Distt.- Buxar.

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== 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 POCSO Case No. 42 of 2017 arising out of Simri P.S. Case No. 120 of 2017 registered for the offence punishable under Sections 366 and 366(A) of the Indian Penal Code.

3. The allegation against the petitioners are of having participated in the abduction of the victim. The victim in her statement before the Juvenile Justice Board, Buxar has not supported the allegation.

Patna High Court CR. MISC. No.76790 of 2024(2) dt.11-12-2024 2/2

4. Learned counsel for the petitioners submitted that the case has been filed due to some enmity and they are covillagers.

5. Learned counsel for the informant submitted that the parties have settled their dispute.

6. In view of the nature of allegation levelled aginst the petitioner, I am not inclined to grant anticipatory bail to the petitioners, even though the learned counsel for the informant submits that the parties have settled their dispute, this application is dismissed.

7. The petitioners are directed to surrender and pray for regular bail within six weeks. If the petitioners surrenders and pray for regular bail the Court below will consider the same and disposed of their regular bail application on the same day.

8. While considering the bail application of the petitioners, the court below will consider the grant of regular bail of other similarly situated co-accused persons and also the fact that parties have settled their dispute. (Sandeep Kumar, J) Ranjeet/- U T