Ritesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77826 of 2018 Arising Out of PS. Case No.-407 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ======================================================
1. Ritesh Kumar son of Banshropan Prajapati
2. Upendra Pal son of Beshanath Pal.
3. Birendra Pal son of Doman Pal All are resident of village- Salthua, P.S.- Kudra, Distt.- kaimur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyam Bihari Singh For the Opposite Party/s :
Mr.Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-01-2019 Heard the parties.
The petitioners are apprehending their arrest in connection with Kudra P.S.Case no.407 of 2018 registered for offences punishable under Sections 341, 323, 354, 504, 506 of the Indian Penal Code and Section 8 of the POCSO Act. Allegation against the petitioner is that they entered inside the house of the informant and tried to outrage the modesty of the minor daughter of the informant. Submission of the learned counsel for the petitioner is that they have been falsely implicated int his case due to dispute with respect to grazing of the goat and no such occurrence has taken place.
Heard learned A.P.P. , who has opposed the prayer for bail
Patna High Court Cr.Misc. No.77826 of 2018(2) dt.03-01-2019 2/2 of the petitioner stating that the cases also comes under the POSCO Act as the daughter of the informant was minor. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather let the petitioner surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T