Patna High CourtCR. MISC./31344/2015bail granted

Praveen Kumar v. The State Of Bihar

2015-08-04Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31344 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -ROSHANGAANJ District- GAYA ======================================================

1. Praveen Kumar Son of Binay Sao resident of Bankey Bazar, P.S. Roshanganj (Bankey Bazar), District Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Praveen Prakash For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 354 of the Indian Penal Code and section 12 of Protection of Children from Sexual Offences Act.

It is alleged that the niece of the informant was sleeping in the house then petitioner being neighbour tried to give mobile number to her and touched her body.

It is submitted by the learned counsel for the petitioner that for the occurrence of 28.5.2015 the FIR was registered on 1.6.2015 which reached to the court of the learned Special Judge on 5.6.2015 which reflects that the FIR was registered by antedating. It is further submitted that even assuming the

Patna High Court Cr.Misc. No.31344 of 2015 (2) dt.04-08-2015 2/2 accusation, neither case under section 354 IPC nor under section 12 of Protection of Children from Sexual Offences Act is made out. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case and delayed reaching of the FIR to the court, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge I, Gaya in connection with Roshanganj (Bankey Bazar) P.S. Case No.95 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T