The High Court of Patna dismissed the petition for anticipatory bail. Rejecting the petitioners' claim of innocence and citing the victim's consistent statement under Section 164 Cr.P.C., the court held that the circumstances did not warrant bail.
The prayer for anticipatory bail is rejected and the application is dismissed.
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.9976 of 2020
Arising Out of PS. Case No.-275 Year-2019 Thana- RIGA District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh For the Opposite Party/s : Mr.Bal Mukund Prasad Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
5 13-10-2020 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 354(B), 504, 506/34 of the Indian Penal Code.
Prosecution case in brief is that as per FIR on 07.10.2019 the informant/victim Chanchal Kumari aged about 15 years was returning after worship of Goddess Durga. In the way near Khairava School petitioners caught her with ill motive took her near a bridge. After trying her mouth and tried to commit some offence but anyhow she fled away from there and told her mother about the occurrence. Again on 08.10.2019 when she was taking water at hand-pipe, both petitioners came
Patna High Court CR. MISC. No.9976 of 2020(5) dt.13-10-2020 2/2
there and started to misbehave with her and threatened her to kill her brother and kidnapped her.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Petitioners have got no criminal antecedent.
Learned APP for the State opposed the prayer for bail
petition.
I have perused the record and case diary, the victim has given her statement recorded under Section 164 Cr.P.C. have supported the prosecution case.
In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for anticipatory bail of the petitioners are rejected in connection with Riga P.S. Case No. 275 of 2019 from the Court of learned Judicial Magistrate-1st Class, Sitamarhi.
Accordingly, the application is dismissed.
(Anjani Kumar Sharan, J)
amitkumar/-
U T
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioners apprehending arrest in a case involving sexual harassment and attempted kidnapping.
Whether the victim's statement supported under Section 164 Cr.P.C. justifies denial of anticipatory bail.
Hari Baitha & Ors.
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
