Appu Singh @ Appu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.5911 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- BYPASS District- Patna ====================================================== APPU SINGH @ APPU KUMAR Son of Late Ravindra Singh @ Binod Singh Resident of Village-Ranipur Ke Chak, P.S.-Byepass, District-Patna. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner, in the present case, is seeking anticipatory bail in connection with By Pass P.S. Case No. 320 of 2019 registered for the offences under Sections 354B, 448, 504, 506 of the Indian Penal Code and 8 of POCSO Act.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel further submits that the informant's husband is a Tempo driver and he was being approached by the petitioner for transportation of some goods and only for that purpose he had asked the mobile number of the informant. Petitioner has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.5911 of 2020(2) dt.02-07-2020 2/3 anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein from the first information report it appears that the only allegation against this petitioner is that he had caught hold of the hand of the daughter of the informant, but there is no allegation of doing any overt act either of harassing or touching any bodily part of the victim girl, the submission of learned counsel for the petitioner being that the informant's husband is a Tempo driver and he was being approached by the petitioner for transportation of some goods and only for that purpose he had asked the mobile number, the petitioner has no criminal antecedent, let the petitioner above-named in the event of his arrest or surrender within a period of four weeks from today in connection with Bypass P.S. Case No.

320/2019 be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge - cum - Special Judge POCSO, Patna, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

Patna High Court CR. MISC. No.5911 of 2020(2) dt.02-07-2020 3/3 (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. This application is allowed.

(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.