The High Court Patna granted anticipatory bail to the petitioner, apprehending arrest for offences under Section 354 IPC and Section 12 POCSO, considering the delay in FIR lodging and lack of criminal antecedent.
Granted release on anticipatory bail for 12 weeks on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.31344 of 2015
Arising Out of PS.Case No. -95 Year- 2015 Thana -ROSHANGAANJ District- GAYA ====================================================== 1. Praveen Kumar Son of Binay Sao resident of Bankey Bazar, P.S. Roshanganj (Bankey Bazar), District Gaya. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Prakash For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 04-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 354 of the Indian Penal Code and section 12 of Protection of Children from Sexual Offences Act.
It is alleged that the niece of the informant was sleeping in the house then petitioner being neighbour tried to give mobile number to her and touched her body.
It is submitted by the learned counsel for the petitioner that for the occurrence of 28.5.2015 the FIR was registered on 1.6.2015 which reached to the court of the learned Special Judge on 5.6.2015 which reflects that the FIR was registered by antedating. It is further submitted that even assuming the
Patna High Court Cr.Misc. No.31344 of 2015 (2) dt.04-08-2015
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accusation, neither case under section 354 IPC nor under section 12 of Protection of Children from Sexual Offences Act is made out. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the delayed lodging of the case and delayed reaching of the FIR to the court, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today 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 I, Gaya in connection with Roshanganj (Bankey Bazar) P.S. Case No.95 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Anil/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in an offence under Section 354 IPC and Section 12 POCSO.
Whether the delay in lodging the FIR denies the petitioner the protection of anticipatory bail.
1 provisions across 1 enactments
Praveen Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
