The High Court of Patna rejected the petitioner's bail application. The court held that the petitioner was falsely implicated but declined to grant bail, directing the petitioner to renew the prayer after one year of custody.
Bail application rejected; petitioner directed to renew prayer after one year of custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15711 of 2015
Arising Out of PS.Case No. -327 Year- 2014 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Md. Kaku @ Md. Konain S/o Md. Tanvir, Resident of Mohalla - Imam Ganj, P.S. – Town & District - Muzaffarpur. .... .... Petitioner Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party: Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 08-06-2015 The petitioner is languishing in custody since 11.11.2014 in connection with Mithanpura P.S. Case No.327 of 2014 for the offences instituted under Sections 341, 323, 379, 354(D) (2) read with Section 34 of the Indian Penal Code and Section 12 of the POCSO Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that the informant, who is a driver of the school bus, has filed a written report stating therein that three boys including the petitioner riding on a motorcycle used to follow the school bus of the girl students and used to misbehave them and passed indecent remarks, causing harassment to them. On 10.11.2014, the accused persons after overtaking the bus forcibly tried to stop the bus and started
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misbehaving with the girls and then the informant alighted from the bus and caught all of them whereupon they started assaulting him and hurling abuses and even snatched away Rs.1000/- from his pocket.
It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case.
It has been submitted on behalf of the State that the petitioner has committed a heinous crime where he has tried to misbehave with the school-going girls for which the driver of the school bus has instituted the present case.
Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The same is rejected. Anyhow, the petitioner may renew his prayer for bail after completion of one year in custody.
(Sudhir Singh, J)
B.T/U T
2 issues framed by the court
Whether bail should be granted to the petitioner who is in custody for offences under Sections 341, 323, 379, 354(D)(2) IPC and Section 12 POCSO Act arising from an incident involving harassment of sc
Whether the petitioner has any established ground for anticipatory bail or regular bail in the present criminal prosecution.
Md. Kaku @ Md. Konain
State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
