IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71358 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Raju Sheikh @ Md. Mustafa S/O Shakir Shekh R/O Village- Bhatora, Ward No 8, Ps- Bagha, District- West Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Sheikh Sudin S/O Late Sheikh Yunis R/O Village- Bhatora, Ward No 8, Ps- Bagha, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vishwajeet Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP For the Informant/s : Mr. Umesh Chandra Verma, Adv. Mr. Hemant Ray, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 read with sections 8 and 12 of the POCSO Act. 3. As per prosecution case, on 21.7.2024, 13-year old grand daughter of the informant went to graze goats in sugarcane field, in the meantime, the petitioner along with co- accused persons caught hold of her. It is further alleged that co- accused Arshad Khan covered her mouth and touched her Patna High Court CR. MISC. No.71358 of 2024(3) dt.16-01-2025 2/3 inappropriately and when alarm raised by the victim, all the accused person fled away. 4. It is submitted by learned counsel appearing on behalf of the petitioner that on perusal of FIR, it is evident that the specific accusation is against co-accused Arshad Khan who assaulted and touched the victim inappropriately. So far as, this petitioner is concerned, he is only alleged to be present at the place of occurrence and there is no specific overt act is attributed against him. Petitioner claims clean antecedent. 5. Learned counsel for the informant as well as learned A.P.P. for the State have vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the fact that there is no specific allegation against this petitioner, his clean antecedent and other circumstances of the case, the prayer for grant of anticipatory bail to the petitioner is allowed. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge 7th-CumSpecial Judge, POCSO Court, West Champaran, Bettiah in connection with Bagaha Patna High Court CR. MISC. No.71358 of 2024(3) dt.16-01-2025 3/3 P.S. Case No.191 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. Amandeep/- (Prabhat Kumar Singh, J) U T