Raju Rawat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26360 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ======================================================

1. Raju Rawat,

2. Munna Rawat @ Ranjeet Kumar Both sons of Late Dewan Rawat, R/o Vill.- Hatta, P.S.- Chainpur, DistrictKaimur at Bhabua. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s : Smt. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Bhabua Mahila P.S. Case No. 24 of 2018 registered under Sections 341, 323 and 354(B)/34 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act, 2012. It is submitted by the learned counsel for the petitioners that even if the entire allegations made in the first information report are believed to be true, the ingredients of the

Patna High Court Cr.Misc. No.26360 of 2018 (2) dt.04-05-2018 non-bailable offences under Sections 354 B of the Indian Penal Code and Section 8 of the Protection of Children form Sexual Offences Act would not be attracted as far as the petitioners are concerned. It is further submitted that the entire allegations in that regard is confined against co-accused Pankaj Rawat, Chitranjan Jaiswal and Ravi Rawat.

Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. However, he admitted that the allegation of outraging modesty of the informant is confined against the other co-accused persons and not against these petitioners. However, allegation has been made that when family members of the informant and other persons went to the house of co-accused Pankaj Rawat, these two petitioners became furious and they chased the brother of the informant.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-I, Kaimur at Bhabua in

Patna High Court Cr.Misc. No.26360 of 2018 (2) dt.04-05-2018 connection with Bhabua Mahila P.S. Case No. 24 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T