In a criminal miscellaneous petition for anticipatory bail arising from a POCSO and IPC case involving alleged misbehaviour, the High Court refused the petition, declining to grant bail and directing the petitioner to approach for regular bail.
Anticipatory bail rejected; petitioner directed to surrender for regular bail.
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.28185 of 2018
Arising Out of PS. Case No.-70 Year-2018 Thana- KARAHGAR District- Rohtas
======================================================
Shiva Nand Kumar @ Lakhu Kumar Son of Shiv Kumar Ram resident of village - Thorsan, P.S. Karghar (Sidhi) O.P. District - Rohtas at Sasaram
... Petitioner
Versus The State of Bihar ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Jai Prakash Singh, Adv. For the Opposite Party : Mr. Dr. Kumar Uday Pratap, APP 238 ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 16-05-2018
The petitioner is apprehending his arrest in connection
with Karghar (Sidhi) P.S. Case No. 70 of 2018 registered for offences punishable under Sections 455, 354 and 506 of the Indian Penal Code and 8 of the Protection of Children from Sexual Offences Act.
Allegation against the petitioner is of entering inside the house of the petitioner in day time and started misbehaving with the informant and on hulla others came and, thereafter, the petitioner fled away from the place of occurrence.
Submission of the learned counsel for the petitioner is that the prosecution case is false and concocted and lodged due to the effect that there is dispute with respect to the drainage.
Heard learned Additional Public Prosecutor also.
Having heard learned counsel for the parties, I am not
Patna High Court Cr.Misc. No.28185 of 2018(2) dt.16-05-2018 2/2
inclined to grant privilege of bail to the petitioner.
The prayer for anticipatory bail is rejected .
However, the petitioner may surrender and make
prayer for regular bail which may be considered on its own merit and without being prejudice of this order.
(Vinod Kumar Sinha, J)
Shamshad/-
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving IPC and POCSO offences.
Whether the petitioner is entitled to privilege of bail given the allegations against him.
2 provisions across 2 enactments
Shiva Nand Kumar @ Lakhu Kumar
The State of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
