Rupesh Kumar vs The State Of Bihar
2021 Latest Caselaw 873 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31724 of 2020
          Arising Out of PS Case No.-36 Year-2020 Thana- TANDWA District- Aurangabad
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1. Rupesh Kumar, aged about 20 years, Male, Son of Suresh Ram.

2. Ajay Kumar, aged about 18 years, Male, Son of Arjun Ram.

3. Pawan Kumar, aged about 24 years, Male, Son of Vijay Kumar.

Both are resident of Village- Gosaidih, PS- Tandwa, District- Aurangabad.

... ... Petitioner/s Versus The State of Bihar

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

For the Petitioner/s : Mr. Ranjit Jha, Advocate For the State : Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 12-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ranjit Jha, learned counsel for the

petitioners and Ms. Veena Kumari Jaiswal, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Tandwa PS Case No. 36 of 2020 dated 16.05.2020, instituted

under Sections 341, 323, 354A and 379/34 of the Indian Penal

Code and 12 of the Protection of Children from Sexual Offences

Act, 2012.

Patna High Court CR. MISC. No.31724 of 2020 dt.12-02-2021

4. The allegation against the petitioners is that they had

slammed the daughter of the informant on the ground and tried to

take her away and when her mother ran towards them, they

snatched gold chain from her neck.

5. Learned counsel for the petitioners submitted that the

parties are co-villagers and they were in the field and some

dispute took place but no such incident had taken place and they

have been falsely implicated. It was submitted that for the same

incident, counter case has also been lodged in which the informant

side had assaulted and broken the hand of the family members of

the informant of the other case. Learned counsel submitted that

the allegation is general and omnibus and not of any specific overt

act by the petitioners and the only allegation is that attempt was

made to take the daughter of the informant away. Learned counsel

submitted that the petitioners have no other criminal antecedent.

6. Learned APP submitted that the petitioners tried to

take away the daughter of the informant after slamming her on the

ground.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon Patna High Court CR. MISC. No.31724 of 2020 dt.12-02-2021

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned VIth Additional District and Sessions Judge cum-

Exclusive Special Judge (POCSO), Aurangabad, Bihar in Tandwa

PS Case No. 36 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioners, and (ii) that the petitioners and the bailors shall

execute bond with regard to good behaviour of the petitioners and

they shall co-operate with the police/prosecution and the Court.

Any violation of the terms and conditions of the bonds or failure

to co-operate shall lead to cancellation of their bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T