The court released the petitioner on anticipatory bail subject to conditions including a bail bond of Rs. 10,000 and two sureties in connection with a rape and POCSO case.
Granted release on bail with a bond of Rs. 10,000 and two sureties of the like amount on conditions of Section 438(2) CrPC.
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.64396 of 2019
Arising Out of PS. Case No.-175 Year-2017 Thana- RAMNAGAR District- West Champaran
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Miraj Master @ Meraj Ahmad @ md meraj Son of Late Sk. Aakil Resident of Village-Lipni Deoraj, P.S-Lauriya, District-West Champaran, director creative Mind Global School Narainapur, P.S-Ramnagar, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhinay Raj For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
ORAL ORDER
2 24-10-2019
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Ramnagar P.S. Case No. 175 of 2017, registered under Sections 376 and 511 of the Indian Penal Code and Section 8 of the POCSO Act.
The accusation is that on 13.05.2017, informant had gone to Coaching Centre, which is run by the petitioner. After coaching, petitioner stopped the informant and tried to outrage her modesty but in the meantime, Bhagina of the informant reached there and saved her and thereafter, returned to the house and narrated story to her mother. Due to non-availability of her father, she lodged the present case on 16.05.2017.
Patna High Court CR. MISC. No.64396 of 2019(2) dt.24-10-2019 2/2
Learned counsel for the petitioner submits that while the allegation has been made to attempt outrage modesty by the petitioner with the informant but informant in her restatement has not supported the allegation of outraging her modesty by the petitioner rather she stated that non completing of homework, she was assaulted through stick due to that reason she made complaint to her parents and went to police station with father and made complaint. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Ist Additional Sessions Judge-cum-Special Judge (SC/ST/POCSO), Bettiah, West Champaran, in connection with Ramnagar P.S. Case No. 175 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Section 376 IPC, Section 511 IPC and Section 8 of the POCSO Act.
1 provisions across 1 enactments
MIRAJ MASTER
THE STATE OF BIHAR
RAJENDRA KUMAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
