An oral order rejecting a prayer for anticipatory bail under Sections 306 IPC, 354/34 IPC and Section 8 POCSO Act. The court held the case was not fit for bail as the FIR story found support during investigation, involving a subsequent suicide by the complainant's brother.
Prayer for anticipatory bail rejected.
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.48044 of 2016
Arising Out of PS.Case No. -264 Year- 2016 Thana -HAJIPUR SADAR District-
VAISHALI(HAJIPUR)
====================================================== 1. Rohit Kumar son of Umesh Ram Resident of Village - Panapur Langa, Rajendra Chowk Colony, P.S. - Hajipur Sadar, Dist.- Vaishali.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
The petitioner prays for anticipatory bail in connection with Hajipur Sadar P.S. Case No. 264 of 2016 registered, under Sections 306, 354/34 of the IPC and Section 8 of the POCSO Act.
While the informant had gone to the temple it is alleged that the petitioner along with others are said to have passed vulgar remarks which was protested by her whereafter coaccused Sonelal Kumar forcible put vermillion on her forehead. Thereafter the informant returned home and did not disclose the incident due to humiliation and the petitioner and other accuseds arrived at the house and stated about this to her father
Patna High Court Cr.Misc. No.48044 of 2016 (2) dt.13-12-2016
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and brother. As a result whereof, the brother of the informant went in deep depression and committed suicide. The victim girl also wanted to commit suicide but was saved by her father.
Counsel for the State, referring to the records including the impugned order, has submitted that not only they have behaved in a manner as alleged in the First Information Report (FIR) but the said story has found support in course of investigation. In my view, it is not a fit case for grant of anticipatory bail.
Prayer is, accordingly, rejected.
(Kishore Kumar Mandal, J)
Shyam/-
U T
2 issues framed by the court
Whether the petitioner is fit for the grant of anticipatory bail in a case involving allegations causing suicide?
Whether the allegations found support in the course of investigation preclude the grant of bail?
2 provisions across 2 enactments
Rohit Kumar
The State of Bihar
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
