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Judgment
Sanjay Kumar Dwivedi, J
Heard learned counsels for petitioner and for the State.
The petitioner is apprehending his arrest in connection with Rajmahal P.S. Case No.175 of 2021, for offence registered under sections 147, 148, 149, 341, 323, 307, 342, 427, 354, 506, 504 of the IPC and Section 8 of the POCSO Act, pending in court of learned Special Judge (POCSO Act), Sahibganj.
Learned counsel for petitioner submits that the petitioner has been falsely implicated in this case and the petitioner happened to be a retired teacher aged about 64 years. He further submits that Annexure-2 is Pension Book which clearly suggest that the petitioner is a pensionary after the retirement. By way of referring to the contents of the FIR, he further submits that allegation is made that 400-500 persons have tried to enter the house of the informant and the allegation of molestation is not there against the petitioner and there are general and omnibus allegations. He then submits that the petitioner has got no criminal antecedent as disclosed in paragraph no.14 of the petition.
Learned State counsel opposes prayer and submits that allegations are there of entering into the house of the informant.
Looking to the contents of the FIR, it transpires that allegations are made that 400-500 persons have tried to enter into the house of the informant and there are general and omnibus allegations and the petitioner is aged about 64 years and he is a retired teacher which is fortified in light of the Annexure-2 which is pension book of the petitioner and the petitioner has got no criminal antecedent as aforesaid, I am inclined to grant anticipatory bail to petitioner.
Accordingly, petitioner, above named, is hereby directed to surrender before learned court within three weeks from today, and in event of his surrender/arrest, petitioner, above named, shall be released on bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, to satisfaction of learned Special Judge (POCSO Act), Sahibganj, in connection with Rajmahal P.S. Case No.175 of 2021, subject to the conditions as laid down under section 482(2) of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023.