The Patna High Court granted anticipatory bail to two petitioners in a case involving sexual offence and video-related charges, allowing release upon arrest or surrender within twelve weeks via bonds and sureties.
Release on anticipatory bail via bonds of Rs.10,000 each with sureties, effective for 12 weeks.
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.39358 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -NANHPUR District- SITAMARHI ====================================================== 1. Shambhu Sharma @ Shambhu Kumar Sharma, Son of Ram Briksha Sharma 2. Ram Briksha Sharma, Son of Late Dukha Sharma Both resident of village- Balasath P.s. Nanpur, District- Sitamarhi. .... .... Petitioner/s Versus The State of Bihar
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. L.K. Sharma (App)
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
ORAL ORDER
02/ 05-10-2015 Heard learned counsels for the petitioners, State and the informant.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376, 120B of the Indian Penal Code, sections 4/8 of The Protection of the Children from Sexual Offences Act and sections 67(A), 67(B) of Information Technology Act.
The prosecution case is that the daughter of the informant was taking coaching in Sun Science Coaching
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Centre run by co-accused Bintu Kumar Sharma, who ravished the daughter of the informant and got the videography made obscene postures through one Prabhu Raut. When the father of the informant made complaint to the petitioners being father and elder brother of co-accused Bintu Kumar Sharma they endorsed the illegal conduct of Bintu Kumar Sharma.
It is submitted by learned counsel for the petitioners that the thrust of accusation is against co-accused Bintu Kumar Sharma and Prabhu Raut. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.
It is submitted by learned counsel for the informant that the petitioners endorsed the illegal conduct of coaccused Bintu Kumar Sharma and thereby allowed the video to be circulated.
Considering the thrust of accusation against co-accused Bintu Kumar Sharma and Prabhu Raut, let the above named petitioners be released on anticipatory bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions
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Judge, Sitamarhi in connection with Nanpur P.S. Case No. 70 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to petitioners accused in offences under Sections 376, 120B IPC, POCSO and IT Act.
Whether petitioners can be released on bail bonds subject to court satisfaction.
1 provisions across 1 enactments
Shambhu Sharma @ Shambhu Kumar Sharma
Ram Briksha Sharma
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
