This court rejected the petitioner's bail application in a POCSO case involving alleged attempted outrage of modesty, finding no evidence to support the claim that the case arose from an election dispute.
The prayer for bail of the petitioner is presently rejected.
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Patna High Court Cr.Misc. No.25624 of 2018 (2) dt.27-04-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25624 of 2018
Arising Out of PS.Case No. -6 Year- 2018 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI)
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.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sri Shantanu Kumar
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 27-04-2018
Heard learned Counsel for the petitioner and the State.
Petitioner, already in custody since 7.1.2018, seeks bail in Harsidhi PS Case No. 6 of 2018 registered under Sections 8 and 10 of Pocso Act.
The allegation in brief is that while the prosecutrix (informant), a 12 years old girl, was standing in front of her house, then the petitioner dragged her away and tried to outrage her modesty, she protested and succeeded in getting out of his clutch and came to her house.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to election dispute of Mukhiya.
Whereas learned Counsel for the State submits that a 12 years old little girl was dragged and taken away by the petitioner to a lonely place and tried to sexually exploit her.
Having considered the nature of the offence and the specific accusation against the petitioner, there being no tangible material showing any dispute relating to rivalry in election, so the prayer for bail of the petitioner is presently rejected.
(Arun Kumar, J)
Snkumar/U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with attempted outrage of modesty under Sections 8 and 10 of the POCSO Act.
Whether allegations of an election dispute justify granting bail in a POCSO offence.
1 provisions across 1 enactments
Sanni Alam
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
