In a criminal miscellaneous matter, the Patna High Court refused to grant anticipatory bail to the petitioner, who faced charges of sexual abuse under the Juvenile Justice Act, 2015, deeming the evidence against him clear and clinching.
Prayer for anticipatory bail 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.12613 of 2021
Arising Out of PS. Case No.-96 Year-2018 Thana- INDUSTRIAL District- Bhagalpur
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BANTI @ SUDHANSHU KUMAR Son of Dev Chandra Singh Resident of Village - Karna, Post - Parbatta, P.S. - Parbatta, District - Khagaria.
... ... Petitioner/s
Versus
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Indradeo Prasad, Advocate For the C.B.I. : Mr.Sourendra Pandey, S.C.
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
7 23-11-2022
Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case registered for the offences under Sections 75,82 of Juvenile Justice Act, 2015.
Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case only on the basis of suspicion.
Patna High Court CR. MISC. No.12613 of 2021(7) dt.23-11-2022 2/3
Further submits that the N.G.O. was run by the sister of the petitioner. Further submits that the petitioner has no concern at all with the N.G.O. in question and he has no role to interfere the day to day affair in the N.G.O. in question. Further submits that the statement of the several victim was recorded under Section 164 Cr.P.C. in which they are not disclosed the name of the petitioner so petitioner deserves for anticipatory bail.
On the other hand, Mr. Sourendra Pandey, learned counsel for the C.B.I., on the basis of the material available on the record and the case diary, has opposed the prayer for anticipatory bail of the petitioner and submits that the clear and clinching evidence against the petitioner and the boy inmates house at Boy’s Children Home, Bhagalpur have disclosed the name of the petitioner before the Investigating Officer of the case and also before the experts of the National Institute of Mental Health and Neuro-Sciences, Bengaluru on 24.06.2019. Further submits that Boy’s Children Home narrated all the story against the petitioner and he also sexually abused the boys of the N.G.O.
Considering the aforesaid facts, I am not inclined to enlarge the petitioner on anticipatory bail in connection with
Patna High Court CR. MISC. No.12613 of 2021(7) dt.23-11-2022 3/3
Industrial Area Bhagalpur P.S. Case No.96 of 2018 pending in the court of learned Special Judge, (POCSO), Bhagalpur.
Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the cruelty case under Sections 75 and 82 of the Juvenile Justice Act, 2015.
2 provisions across 2 enactments
BANTI @ SUDHANSHU KUMAR
THE STATE OF BIHAR
Superintendent of Police Bihar
Union of India through Central Home Secretary
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
