Hon'ble Justice Dinesh Kumar Singh granted anticipatory bail to the petitioner Murari Singh in a case involving alleged offences under the IPC and POCSO Act, subject to conditions and bail bond furnishing.
Release on anticipatory bail within 12 weeks on furnishing a bond of ₹10,000 with two sureties.
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.6851 of 2015
Arising Out of PS.Case No. -158 Year- 2014 Thana -BARAUNI District- BEGUSARAI
====================================================== Murari Singh .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajan For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 20-02-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 452, 323, 379 and 354B/34 of the Indian Penal Code and Sections 9 and 12 of The Prevention of Children from Sexual Offences Act.
It is alleged that the petitioner along with 8 to 10 persons arrived on the day of Holy and tried to outrage the modesty of the wife of the informant and when the daughter of the informant tried to save her, accused also made attempt to outrage her modesty.
It is submitted by learned counsel for the petitioner that the petitioner went to celebrate Holy which was not liked by the petitioner, hence the present case has been lodged. It is further submitted that even assuming the accusation, the offences under
Patna High Court Cr.Misc. No.6851 of 2015 (2) dt.20-02-2015
2/2
Section 354B of the IPC and Sections 9 and 12 of Prevention of Children From Sexual Offences Act are not made out. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, 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 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Barauni (FCI) P.S. Case No. 158 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Amrendra/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail considering his lack of criminal antecedents and the allegations made in the case.
4 provisions across 3 enactments
MURARI SINGH
THE STATE OF BIHAR
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
