The petitioners filed a request for anticipatory bail in a case alleging stalking, abuse, and snatching of a mobile under IPC and POCSO sections. The court rejected the request, declining to enlarge the bail based on the prima facie allegations made by the victim.
Bail on anticipation rejected and prayer refused.
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.71768 of 2018
Arising Out of PS. Case No.-408 Year-2018 Thana- PATRAKARNAGAR District- Patna
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Sonu @ Soun Kumar @ Prateek Kumar, Son of Manoj Kumar Singh, resident of beside Prasad Apartment Lane, near Kali Mandir, in front of Buddha Dental College, P.S. Patrakar Nagar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ritesh Kumar Narain Singh For the Opposite Party/s : Mr. Sri Chaubey Jawahar ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 19-12-2018 Heard both sides.
The petitioner apprehends his arrest in Patrakar Nagar P.S. case No. 408 of 2018 registered under Section 323, 341, 354, 504, 506 of the Indian Penal Code and under Section 8/12 of POCSO Act.
The victim made allegation that while she was going to Budha Dental College the petitioner and one another started making lewd comment on her and they followed her. She further alleged that they eve teased her. When she protested the petitioner snatched her mobile and fled away inside his apartment. When the informant raised alarm the petitioner and his family members came and dragged her.
The learned counsel for the petitioner submits that
Patna High Court Cr.Misc. No.71768 of 2018(3) dt.19-12-2018 2/2
petitioner is classmate of the informant in B.D.S. The informant made false and frivolous allegation after concealing the facts that the petitioner and informant are studying in the same class. It is further submitted that all the allegations are false and concocted but from perusal of the FIR itself it appears that the victim herself made specific allegation that it was the petitioner who not only stalked and abused her but snatched her mobile after misbehaving with her.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J)
BKS/-
U T
1 issue framed by the court
Whether the petition for anticipatory bail should be granted given the allegations and prima facie evidence of criminal conduct.
7 provisions across 2 enactments
Sonu @ Soun Kumar @ Prateek Kumar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
