An oral order dismissing a bail application in a case involving offences under PoCSO Act and IPC against a single accused, finding serious accusations in the FIR.
Application for bail dismissed; petition 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.55332 of 2017
Arising Out of PS. Case No.-36 Year-2017 Thana- KORMA District- Sheikhpura
======================================================
Tulsi Mahto , Son of Late Bhim Mahto, resident of Village Dih Kusumbha, P.S. Korma, District Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Sri Pankaj Kumar For the Opposite Party/s : A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
2 17-11-2017 Heard Sri Pankaj Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor.
The sole petitioner, who is in custody only since 24.5.2017 in POCSO Case No. 18 of 2017 [arising out of Korma P.S. Case No. 36 of 2017] registered for offence under Section 147, 148, 149, 341, 323, 325, 354, 307, 302, 504 of the Indian Penal Code, 1860 and Section 8 of the Protection of Children From Sexual Offences Act, 2012 , has prayed for grant of bail.
By way of referring to the F.I.R. learned counsel for the petitioner submits that there is no specific accusation against the petitioner. There is general and omnibus allegation. He further submits that in the present occurrence there was case and counter case in between the parties and petitioner has been made accused by the informant’s side only to save their skin.
Patna High Court Cr.Misc. No.55332 of 2017(2) dt.17-11-2017 2/2
I have perused the F.I.R. In the F.I.R. there is serious
accusation. I do not find any ground to grant bail.
The petition stands dismissed.
(Rakesh Kumar, J)
praful/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner accused under PoCSO Act and Indian Penal Code.
Whether general and omnibus allegations in the FIR justify granting bail.
Tulsi Mahto
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
