In an oral order, the Patna High Court granted anticipatory bail to the petitioner, Rahul Kumar, who apprehended arrest in a complaint case involving offences under the Indian Penal Code and the POCSO Act.
Petitioner granted privilege of anticipatory bail on surrender within four weeks, subject to conditions under Section 438(2) Cr.P.C.
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.13757 of 2019
Arising Out of PS. Case No.-34 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur
======================================================
RAHUL KUMAR Son of Rajdeo Sharma @ Rajdeo Thakur Resident of Village- Bishunpur Bathua, P.S.-Pusa, District- Samastipur
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Usha Kumari Singh For the Opposite Party/s : Mr.Abhay Kumar Roy ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
4 17-06-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 34(c) of 2018 for the offence punishable under Sections 323, 504, 379/34 of the Indian Penal Code and Section 8 of the POCSO Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the complaint case has been lodged after lapse of 12 days from the date of occurrence without explaining the plausible delay. No case under Section 8 of the POCSO Act is made out against the petitioner. Hence, the
Patna High Court CR. MISC. No.13757 of 2019(4) dt.17-06-2019 2/2
petitioner may be granted the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the, above named, petitioner in the event of surrender within a period of four weeks be released 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 Special Judge, POCSO Act, Samastipur in connection with Complaint Case No. 34(c) of 2018 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Arvind Srivastava, J)
brajesh/- U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in connection with a complaint case.
2 provisions across 2 enactments
Rahul Kumar
The State of Bihar
Nirmala Devi
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
