Three petitioners sought pre-arrest bail in a criminal case involving alleged sexual assault and intimidation of a Class-IX student. The court rejected the application due to serious allegations in the FIR but reserved consideration for bail if they surrender later.
Application for pre-arrest bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.55397 of 2018
Arising Out of PS.Case No. -15 Year- 2018 Thana -MAHILA PS District- EASTCHAMPARAN (MOTIHARI)
.... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Anzarul Haque Sahara, APP For the Informant : Mr. Dhurendra Kumar, Advocate
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 20-09-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State assisted by the learned counsel for the informant.
The petitioners seek pre-arrest bail in connection with Mahila (Motihari) P.S. Case No. 15 of 2018 registered under Sections 341, 342, 323, 504, 325, 509, 307, 354A and 354 B read with 34 of the Indian Penal Code.
Regard being had to the allegation made in the First Information Report that the petitioners teased the daughter of the informant, a student of Class-IX and when she complained, they assaulted her causing several injuries, I am not inclined to grant
Patna High Court Cr.Misc. No.55397 of 2018 (2) dt.20-09-2018
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them pre-arrest bail. Accordingly, the application for grant of pre-arrest bail is rejected.
However, in case the petitioners surrender and seek bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J.)
Kanchan/SkSuman.
U T
2 issues framed by the court
Whether pre-arrest bail is to be granted in a case involving alleged sexual assault and intimidation on a minor student?
What is the court's stance if the petitioners surrender and seek bail subsequently?
Akhtar Dewan
Haroon Dewan
Muktar Dewn
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
