Deepak Anticipatory Bail

In the High Court of Judicature at Patna
Criminal Miscellaneous Jurisdiction
Cr. Misc. no………………………./2020
In the matter of an
application u/s 438of the
Criminal Procedure Code.
And
1.Deepak Kumar male aged 24 yrs. s/o Late Shambhu Yadav.
2.Purushottam Kumar male aged 22 yrs. s/o Srikant Yadav

both r/o village- Singhaul P.S- Belaganj District-
Gaya…………………………………………………………Petitioner.
Vs.
The State of Bihar………………………………………opposite party.

To
The hon’ble Mr. Justice Sanjay Karole the Chief Justice Of the
High Court of Judicature at Patna and his companion Justice
of the said Hon’ble Court.
The humble petition on behalf
of the petitioner
abovenamed.
Most Respectfully Sheweth:-
1. That this is an application for bail on behalf of

petitioners abovenamed who have been
apprehending them in connection with Belaganj
P.S case no. 206/20 dated 19.8.2020 for the alleged
offence under section 341,323,354 (B), 34 of Indian
Penal Code and see 3 (i) (r) (w) of SC &ST Act and
section 7/8 of the POCSO Act.
2. That the petioners have neither move for
anticipatory bail nor for regular bail in this Hon’ble
Court earlier in the present case.
3. That the petitioners have no criminal antecedent
save and except the present case.
4. That the prosecution case in brief is that is one
Dular Kumari lodged a written report before
Belaganj police station Gaya stating therein inter
alia that on 19.8.2020 at 7 P.M when she went to
for her natural call some distance from village in
the meantime her co-villagers namely Deepak
Kumar and Purushottam Kumar came by
motorcycle and Purushottam Kumar was by bicycle
both saw her alone and with bad intention want
her to lay down but she pushed them and raise
alarm in the meantime her two sisters have came
and she along with her two sisters assaulted them
with fist and slap and hold them but they fled away
by push her thereafter his brother Deepak Kumar
Manjhi the splendor motorcycle bearing no. BR-
02A-8188 brought at police station and cycle kept
in her house.
A true/photocopy of the FIR
is Annexed herewith marked
as Annexure-1
5. That on the basis of aforesaid written report

Belaganj police station registered a case bearing
Belaganj P.S case no. 266/2020 dated 19.8.2020 for
the alleged offence u/s 341,323, 354 (B)/34 of the
IPC and Section 3 (i) (r) (w) SC & ST Act and
section 7/8 of POCSO Act 2012.
6. That at present case is pending before learned
Special Judge POCSO Act cu, ADG 6 Gaya bearing
registrations no. POCSO 96/2020 arising out of
Belaganj P.S case no. 266/2020 dated 19.8.2020.
7. That the petioners are innocent and he has been
falsely implicated in the present case which will be
evident from the facts stated hereinafter.
8. That the prosecution case is out and out a false case
no occurrence as alleged by prosecution has taken
place but the occurrence took place in some other
way and in some other manner.
9. That on bare perusal of FIR it appears the petioner
Deepak Kumar was crossing by motorcycle and
Purushottam Kumar was crossing by his cycle and
the informant was in natural call on the main road
upon which Deepak may either forbade her to not
do so or petioner no 2 has dashed her by bicycle
upon which some dispute arose and after that she
called her two sisters and she along with them has
been assaulted the petitioners by fist and slap but
anyhow both of them fled away from the place of
occurrence for that reason both have left his bike at
place of occurrence and the prosecution has
twisted the matter as alleged in prosecution .
10. That as a matter of fact no occurrence has
taken place as prosecution alleged it appears that
several independent witnesses has stated before
police that the petioner no. 1 has forbade the father
of the victim namely Niranjan Manjhi to not sell the
illicit liquor it will ruin the society upon which
Niranjan Manjhi has replied him he will teach the
lesson to both the petitioner and wanted to hold
them upon which they fled away by leaving cycle
and motorcycle. Further he stated the people of
Manjhi Tola has used to sell illicit liquor and the
petitioner protested the same due to that reason
petioners have been implicated in the present case.
11. That it is important to mention here as per
prosecution report date of occurrence is 19.8.2020
at 7:00 P.M and in the month of august the vison at
7:00 P.M is clear and no one can imagine the
prosecution story is true but it is totally false and
concocted.
12. That the both the petitioner are student they
have no concern with the alleged offence. The
petitioner has been implicated due to village
politics.
13. That the statement of the victim was recorded
under section 164 of the CrPC in which it appears
only attempt have done by petitioners but the
victim and her sister badly assaulted them and the
motorcycle and cycle also seized it appears that the
petioners have sufficiently punished.
A true/type-copy of statement u/s
164PC is annexed herewith
marked as Annexure-2
14.From the statement u/s 164 CrPC it appears that no

section 354 (B) nor section 3 (i) (r) (w) of SC &ST
Act are made out against the petitioners and 7/8 of
POCSO Act also not made out the age of victim has
not disclosed in the statement even no assessment of
age by any medical expert etc.
15.That from the aforesaid fact it appears the
prosecution story is totally false, fabricated and
concocted and imaginary story manufactured by
prosecution due to village politics.
16.That the petitioners have moved for anticipatory bail
before learned Special Judge POCSO court cum ADG
6 Gaya in ABP no. 2382/2020 arising out of POCSO
case no. 96/2020 in Belaganj P.S case no. 266/20202
who vide his order dated 16.10.2020 has been
pleased to refuse the prayer for bail made on behalf
of the petitioner.
17.That as stated in paragraph 2the petitioner has not
moved in this court earlier in the present case .
It is therefore prayed that your lordship may
Graciously be pleased to in large the petitioners on bail

at event of their arrest/surrender in the court below to
the satisfaction of learned ADG 6 Gaya in connection
with POCSO case no. 96/2020 arising out of Belaganj P.S
case no 266/2020.
And/or
Pass such other order as your lordship may deem fit
and proper.
And for this the petitioner

shall ever pray.
AFFADIVIT
I am Srikant Yadav male aged 41 yrs. s/o late Badri

Yadav r/o village Singhaul, P.S Bela Ganj District- Gaya
father of petitioner no. 2.

Deepak Anticipatory Bail

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In the High Court of Judicature at Patna

Criminal Miscellaneous Jurisdiction

Cr. Misc. no………………………./2020

application u/s 438of the

Criminal Procedure Code.

1.Deepak Kumar male aged 24 yrs. s/o Late Shambhu Yadav.

2.Purushottam Kumar male aged 22 yrs. s/o Srikant Yadav

The State of Bihar………………………………………opposite party.

The humble petition on behalf

Most Respectfully Sheweth:-

1. That this is an application for bail on behalf of

is Annexed herewith marked

5. That on the basis of aforesaid written report

14.From the statement u/s 164 CrPC it appears that no

It is therefore prayed that your lordship may

Graciously be pleased to in large the petitioners on bail

And for this the petitioner

I am Srikant Yadav male aged 41 yrs. s/o late Badri

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