Allowed

Sandeep Prasad v. The State Of Bihar

Patna HC15 Sept 2015CR. MISC./37412/2015

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving charges under SC/ST (Prevention of Atrocities) Act and POCSO Act, considering the delayed FIR and nature of accusation.

What did the court decide?

Petitioner released on anticipatory bail by furnishing Rs.10,000 bond with two sureties to the Sub-divisional Judicial Magistrate, subject to conditions under Section 438(2) Cr.P.C.

Sandeep Prasad Vs The State Of Bihar — Caste Atrocities | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.37412 of 2015 Arising Out of PS.Case No. -23 Year- 2015 Thana -SC/ST BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sandeep Prasad son of Shambhu Prasad, resident of village- Jamdar Tola, P.S.- Chautarwa, District- West Champaran at Bettiah .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.)

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====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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02/ 15-09-2015 Heard learned counsels for the petitioner

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and the State.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 376/511/34 of the Indian Penal Code, 8 of Protection of Children from Sexual Offence Act and 3(1)(x)(xi) of SC/ST (Prevention of Atrocities) Act.

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The specific case is that the petitioner entered into the house of the informant, caught hold the minor daughter of the informant with an intention to ravish her when

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Patna High Court Cr.Misc. No.37412 of 2015 (2) dt.15-09-2015

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on alarm Amita Devi reached then the petitioner escaped from the scene. On protest being made by the informant the accused persons including the petitioner abused and made assault to the informant and other family members.

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It is submitted by learned counsel for the petitioner that for a petty dispute the accusation has been levelled. The informant and the victim girl have stated during investigation that the petitioner caught hand of the victim. For the occurrence of 15.05.2015 the FIR was registered on 18.05.2015. There is a counter version of the occurrence also and even assuming the accusation no offence under Section 3(1(xi) of SC/ST (Prevention of Atrocities) Act and 8 of POCSO Act is made out.

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A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

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Considering the delayed lodging of the case and the nature of accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial

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Patna High Court Cr.Misc. No.37412 of 2015 (2) dt.15-09-2015

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Magistrate, Bagaha, West Champaran in connection with Bagaha SC/ST P.S. Case No. 23 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Dinesh Kumar Singh, J)

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DKS/U T

Sandeep Prasad v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sandeep Prasad v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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