Makeshwar Singh Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

Makeshwar Singh Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest/surrender within six weeks, petitioner to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POSCO Court-II, Civil Court, Muzaffarpur, in connection with Sahebganj P.S. Case No. 374 of 2023, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioner, apprehending arrest in Sahebganj P.S. Case No. 374 of 2023 registered for offences punishable under Sections 4 and 12 of the POCSO Act and Section 3(1)(r)(s) of the SC/ST (POA) Act, should be granted anticipatory bail.

Court's answer

Considering the facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail is allowed.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, POSCO Court-II, Civil Court, Muzaffarpur, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Anticipatory bail - Allowed. Petitioner, stated to be aged about 70 years and running a grocery shop, apprehended arrest in Sahebganj P.S. Case No. 374 of 2023 (District Muzaffarpur), registered for offences punishable under Sections 4 and 12 of the POCSO Act and Section 3(1)(r)(s) of the SC/ST (POA) Act, arising from allegations that on 26.08.2023 he assaulted the informant, attempted to commit physical assault and abused her by caste name. Counsel for the petitioner contended the case was false and concocted due to a money demand by the victim's mother and that no member of the public was present at the occurrence. The State opposed the prayer. Considering the facts and circumstances, nature of accusation and clean antecedents of the petitioner, the Patna High Court (Prabhat Kumar Singh, J) allowed anticipatory bail: upon arrest/surrender within six weeks, the petitioner to be enlarged on bail on a bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, POSCO Court-II, Civil Court, Muzaffarpur, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13619 of 2024

Arising Out of PS. Case No.-374 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur

======================================================

Makeshwar Singh S/O Late Vrijan Singh VILLAGE- MADHOPUR HAZARI, PS.- SAHEBGANJ, DIST. MUZAFFARPUR.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Bijay Prakash Singh, Advocate For the State : Ms. Usha Kumari 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 09-07-2024

Heard learned counsels for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 4 and 12 of the POCSO Act and Section 3(1)(r)(s) of the SC/ST (POA) Act.

As per prosecution case, on 26.08.2023 at about 6 PM, while the informant had gone to grocery shop of the petitioner, this petitioner assaulted her and attempted to commit physical assault. It is also alleged that this petitioner abused the informant by caste name.

It is submitted by learned counsel appearing on behalf of the petitioner that informant is co-villager of the

Patna High Court CR. MISC. No.13619 of 2024(4) dt.09-07-2024 2/3

petitioner. Petitioner runs a grocery shop and due to demand of money, which was taken by the mother of the victim, this false and concocted case has been lodged. Petitioner is aged about 70 years and there is no possibility of commission of any occurrence as alleged against him. It is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no offence under the Scheduled Castes and Schedules Tribes (Prevention of Attrocities) Act is made out against this petitioner. Petitioner claims clean antecedent.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned Special Judge, POSCO Court – II, Civil Court, Muzaffarpur, Bihar, in connection with Sahebganj P.S.

Patna High Court CR. MISC. No.13619 of 2024(4) dt.09-07-2024 3/3

Case No. 374 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

shashank/-

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