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PATNA HIGH COURT
Mr. Justice Arvind Srivastava
RAJDEO KUSHWAHA @ RAJDEO MAHTO – Appellant
Versus
The State – Respondent
CR. MISC./32122/2022
Fact of the Case:
The petitioners were accused of offenses under sections 363, 366A, 341, 323, 34 of the Indian Penal Code and sections 8 and 12 of the POCSO Act. They claimed they were falsely implicated due to a previous land dispute and had no criminal history.
Finding of the Court:
The court found that the specific allegations were against a co-accused and that there was nothing specific alleged against the petitioners.
Issues: Whether the petitioners should be released on bail.
Ratio Decidendi: The court considered the facts and circumstances of the case, including the lack of specific allegations against the petitioners and their lack of criminal history, and determined that they should be released on bail subject to certain conditions.
Final Decision: The petitioners were directed to be released on bail on furnishing personal bond to the satisfaction of the Additional Sessions Judge VII-cum-Special Judge, POCSO, Bettiah, West Champaran.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32122 of 2022
Arising Out of PS. Case No.-45 Year-2022 Thana- SIKARPUR District- West Champaran
======================================================
1.
RAJDEO KUSHWAHA @ RAJDEO MAHTO SON OF CHAITMAN
KUSHWAHA @ CHAITMAN @ CHAITMAN MAHTO R/O VILLAGE-
BHASURARI, WARD NO.- 16, P.S.- SHIKARPUR, DISTRICT- WEST
CHAMPARAN
2.
UJRA KUSHWAHA @ SANDEEP KUSHWAHA SON OF CHAITMAN
KUSHWAHA @ CHAITMAN @ CHAITMAN MAHTO (WRONGLY
STATED IN THE F.I.R. AS S/O- RAJDEO KUSHWAHA), R/O VILLAGE-
BHASURARI, WARD NO.- 16, P.S.- SHIKARPUR, DISTRICT- WEST
CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Bimlesh Kumar Pandey
For the Opposite Party/s :
Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
3
09-01-2023
Heard learned counsel for the petitioners and learned
counsel for the State.
Petitioners apprehend arrest in connection with
Shikarpur P.S. Case No. 45 of 2022 registered for the offence
under sections 363, 366A, 341, 323, 34 of the Indian Penal
Code and sections 8 and 12 of the POCSO Act.
Learned counsel for the petitioners submits that
petitioners have no committed any offence as alleged in the first
information report and they have been falsely implicated in this
case on suspicion due to previous land dispute. Nothing specific
Patna High Court CR. MISC. No.32122 of 2022(3) dt.09-01-2023
2/2
is alleged against these petitioners. The specific allegation is
against the co-accussed Munna Kushwaha. Petitioners have no
criminal antecedent.
Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, the
petitioners, above named, are directed to be released on bail on
furnishing personal bond to the satisfaction of Additional
Sessions Judge VII-cum-Special Judge, POCSO, Bettiah, West
Champaran in connection with Shikarpur P.S. Case No. 45 of
2022 subject to the conditions as laid down under section 438(2)
of the Code of Criminal Procedure.
mcv/-
(Arvind Srivastava, J)
U
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