Single judge allowed anticipatory bail application for six weeks with bond of Rs. 25,000 and two sureties for petitioners facing charges including offences under IPC and POCSO Act where main allegation was against a co-accused.
Anticipatory bail granted for six weeks with bond of Rs. 25,000 and two sureties of the like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7174 of 2019
Arising Out of PS. Case No.-73 Year-2018 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Gagan Deo Yadav For the Opposite Party/s : Mr.Jai Narain Thakur ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
07.03.2019 has been passed by this Bench, however, inadvertently, the name of Hon’ble Mr. Justice Arvind Srivastava, J. has appeared in the said order.
In such view of the matter, let the order dated 07.03.2019 be treated to be passed by this Bench.
Office to offload the previous order dated 07.03.2019 from the internal as well as external website and upload the same in the name of sitting Judge of this Bench.
This is an application for grant of anticipatory bail in
Patna High Court CR. MISC. No.7174 of 2019(4) dt.04-04-2019 2/3
connection with Madhubani Town P.S. Case No. 73 of 2018, disclosing offences under Sections 341, 323, 354(A), 506, 509, 34 of the Indian Penal Code and Section 4 of the POCSO Act.
Allegation against one co-accused Prem Paswan is of trying to outrage the modesty of the minor daughter of the informant and when the informant and others raised objection, they were assaulted by the accused persons including the petitioners.
Submission of learned counsel for the petitioners is that the main allegation is against co-accused Prem Paswan and the girl herself has stated in her statement recorded under Section 164 Cr.P.C. Further, the petitioners have no criminal antecedents.
Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st (POCSO Act), Madhubani, in connection with Madhubani Town P.S. Case No.
Patna High Court CR. MISC. No.7174 of 2019(4) dt.04-04-2019 3/3
73 of 2018, subject to the condition laid down under Section
438(2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J)
Amjad/-
U T
1 issue framed by the court
Whether an application for anticipatory bail ought to be allowed in a case involving offences under Sections 341, 323, 354(A), 506, 509, 34 IPC and Section 4 POCSO Act.
1 provisions across 1 enactments
Uttam Paswan and others
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
