The Patna High Court granted anticipatory bail to the petitioner in a case under Section 354(B) IPC and Section 8 of the POCSO Act, considering the FIR delay, conditional surrender, and bail bond requirements.
Petitioner enlarged on bail to surrender before the court below within six weeks, furnishing a bond of Rs.25,000 with two sureties of like amount.
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.18068 of 2022
Arising Out of PS. Case No.-220 Year-2018 Thana- SHIVSAGAR District- Rohtas
======================================================
AZAD ANSARI Son of Md. Salauddin Ansari Resident of Village - Viura, P.S. - Baddi Shivsagar (Baddi), District - Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 18-08-2022 Heard learned counsel for the parties.
The petitioner apprehends his arrest in connection with Shivsagar (Baddi) P.S. Case No.220 of 2018, registered for the offence punishable under Section 354(B) of the Indian Penal Code and Section 8 of the POCSO Act.
It is alleged that on 28.06.2018 in the evening hours, the elder son of the informant, Azad Ansari made attempt to tease informant’s 16 years old daughter with bad intention.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case and the he has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the occurrence took place on 28.06.2018 and the FIR was lodged on 01.07.2018 after delay of three days without giving
Patna High Court CR. MISC. No.18068 of 2022(2) dt.18-08-2022 2/2
any explanation. It is submitted that after investigation, the police has submitted final form but the learned court below has taken cognizance on the basis of materials available on record.
The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Taking into consideration the facts that there is delay in lodging the FIR and the police after investigation submitted final form, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned VIIIth Additional District & Sessions Judge-cum-Special Judge, POCSO Act, Rohtas at Sasaram in connection with Shivsagar (Baddi) P.S. Case No.220 of 2018, subject to the conditions laid down under Sections 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving offences under Section 354(B) IPC and Section 8 of the POCSO Act.
Whether the delay in lodging the FIR and the nature of the specific offence warrant the grant of anticipatory bail.
3 provisions across 3 enactments
Azad Ansari
State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
