Sasiya Devi @ Shushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79650 of 2024 Arising Out of PS. Case No.-32 Year-2024 Thana- BUDHUCHAK District- Bhagalpur ====================================================== 1.

Sasiya Devi @ Shushila Devi, W/o Sanjay Mandal, R/o vill - Naya Nagar Rani Deyara, P.S.- Budhuchak, Distt.- Bhagalpur 2.

Sanjay Mandal, S/o Natho Mandal @ Nathu Mandal, R/o vill - Naya Nagar Rani Deyara, P.S.- Budhuchak, Distt.- Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madan Mandal, S/o Fuleshwar Mandal, R/o vill - Purbi Bari Nagar Kabin Gola Bhrauli, Ward no. 5, P.S. - Kardagola, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-11-2024 Heard learned counsel for the petitioners and Mr. Umanath Mishra, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Budhuchak P.S. Case No. 32 of 2024 instituted for the offence under Sections 96, 3(5), 137 of B.N.S. Act and Section 8 of the POCSO Act.

3. The case of the prosecution is that one Golu Kumar has kidnapped the minor daughter of the informant. When the informant went to the house of Golu Kumar, the petitioners being the father and mother of Golu Kumar abused and assaulted the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.79650 of 2024(2) dt.28-11-2024 2/2 petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. The only allegation against them is that they have abused and assaulted. There is no role of the petitioners in the main occurrence. They are having no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Budhuchak P.S. Case No. 32 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special POCSO Court-cum-VIIth Additional Sessions Judge, Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T