Single judge allowed anticipatory bail to Khilari Singh in a POCSO and rape case quashing generalallegations. Bail granted with bond and sureties subject to CrPC conditions.
Enlarged on bail with bond of Rs. 10,000 and two sureties to be enlarged on arrest/surrender within six weeks.
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.7381 of 2022
Arising Out of PS. Case No.-73 Year-2018 Thana- MAHILA P.S. District- Siwan
======================================================
KHILARI SINGH @ KHELADI SINGH SON OF LATE PRAHLAD SINGH RESIDENT OF VILLAGE- SATWAR, POLICE STATION- G.B. NAGAR, DISTRICT- SIWAN
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bijay Prakash Singh For the Opposite Party/s : Mrs.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
5 01-11-2022
Heard learned counsel for the petitioner and the State.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 376(D) of the Indian Penal Code and u/s 4/8 of POCSO Act.
Learned counsel appearing for the petitioner submits that specific accusation of sexual assault is against co-accused, Rahul Kumar and so far this petitioner is concerned there is general and omnibus allegation of assault. It is further submitted that the victim has been examined by the medical Board but no sign of recent sexual activity was found. The medical Board has assessed the age of victim between 18-19 years. Petitioner has got clean antecedent.
Learned counsel appearing for the State opposes the
Patna High Court CR. MISC. No.7381 of 2022(5) dt.01-11-2022 2/2
prayer for anticipatory bail.
Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act, Siwan in connection with Siwan Mahila PS case No. 73/ 2018, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J)
BKS/-
U T
2 issues framed by the court
Whether the petitioner is admissible to anticipatory bail in a case involving offence under Section 376(D) IPC and POCSO Act.
Whether the clean antecedent of the petitioner entitles him to bail despite general and omnibus allegations.
3 provisions across 3 enactments
Khilari Singh @ Kheladi Singh
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
