This order grants bail to the petitioner in a criminal case involving offences under IPC Sections 354(B) and 419, POCSO Act, and the I.T. Act, concluded the complainant lodged a false FIR arising from a love affair.
Directs the petitioner to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.9020 of 2017
Arising Out of PS.Case No. -1 Year- 2017 Thana -PANJWARA District- BANKA
====================================================== 1. Uttam Kumar Singh @ Monu Singh, Son of Late Shiv Kumar Singh, Resident of Village- Shiv Nagar (Sabalpur), P.S.- Panjwara, DistrictBanka.
.... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nirbhay Kumar Singh For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 03-03-2017 Heard both sides.
The petitioner seeks bail in Panjwara P.S. Case No. 01/2017, registered for the offences punishable under Sections 354(B) and 419 of the Indian Penal Code and Section 8/12 of POCSO Act and 66A(c) of the I.T. Act.
The informant alleged that somebody made call from his mobile no. 9128316985 on the mobile of her parents and they also created a fake ID on the face-book in the name of the informant.
Learned counsel for the petitioner submits that from the hand writing of the written application and Annexure-2 at page 18 appears that the informant was having love affair with the
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petitioner, but due to put pressure on the petitioner to get marriage, a false case has been lodged. The petitioner is in jail since 07.01.2017. He has already remained in jail for two months.
Considering the facts aforesaid and the fact that the petitioner has remained in jail for two months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, Banka in connection with Panjwara P.S. Case No. 01/2017.
(Prabhat Kumar Jha, J)
Rakhi
U T
2 issues framed by the court
Whether the petitioner is entitled to bail pending trial in the instant criminal case.
Whether the allegation of a false case lodged due to a love affair justifies bail.
3 provisions across 3 enactments
Uttam Kumar Singh @ Monu Singh
The State of Bihar
PRABHAT KUMAR JHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
