Single judge order granting anticipatory bail to the petitioner in a case involving alleged sexual misconduct and deletion of digital content. Bail subject to bond and specific conditions.
Anticipatory bail granted upon arrest or surrender within four weeks, subject to bond of Rs. 10,000 and two sureties each of Rs. 10,000.
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.32590 of 2017
Arising Out of PS.Case No. -19 Year- 2017 Thana -RAMPUR District- GAYA
====================================================== MD. TAUKIR KHAN @ MAN KHAN @ TAUKIR KHAN son of Tauhid Khan, resident of village/ Mohalla- Munni Masjid, P.S. Rampur, District Gaya.
The State of Bihar
.... .... Petitioner/s Versus .... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Abhimanyu Sharma For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The petitioner seeks anticipatory bail in connection with Rampur P.S. Case No. 19 of 2017, registered for the offence punishable under Sections 376, 511, 354(B)(c), 504 and 506 of the Indian Penal Code.
It is the allegation of the informant that the petitioner had caught her hair and engaged in indecent behaviour with her and in the meantime, his brother Gulab Khan started making video. Thereafter, some other accused persons had come there and threatened the informant that they will make the video viral.
The learned counsel for the petitioner submits that the petitioner has no criminal antecedent, it is a case of one side love affair, the petitioner has been falsely implicated and most of the accused persons have been granted bail either by this Court or
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by the learned trial court. He places on record the order dated 25.04.2017 passed in Cr. Misc. No. 16185 of 2017, which is at Annexure-3 of the anticipatory bail petition.
Having regard to the facts and circumstances of the case, I deem it fit and proper to grant anticipatory bail to the petitioner.
Accordingly, in the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya, in connection with Rampur P.S. Case No. 19 of 2017 subject to the conditions laid down under Section 438(2) Cr. P. C.
(Mohit Kumar Shah, J)
BTiwary/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with the alleged offence of indecent behaviour and unrelated IPC sections.
Whether the petitioner is eligible for bail from arrest or surrender.
MD. TAUKIR KHAN @ MAN KHAN @ TAUKIR KHAN
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
