Patna High CourtCR. MISC./7832/2020bail granted

Prem Kumar Yadav v. The State Of Bihar

2020-02-29Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7832 of 2020 Arising Out of PS. Case No.-373 Year-2019 Thana- TEKARI District- Gaya ====================================================== PREM KUMAR YADAV Son of Arjun Yadav Resident of Village - Kasima, P.S.- Tekari (Panchanpur) and Distt.- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 29-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 354 of the Indian Penal Code and Section 8 of POCSO Act.

Informant is the victim herself who has stated in her written complaint that on 12.10.2019, while she was going for tuition at about 9:30-11:30 am petitioner teased her and asked her to give her mobile number and on her refusal he beat her as a result of which she received cut injury.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to minor altercation arising out of motorcycle accident. Allegations are false and concocted. The alleged incident took place in morning on 12.10.2019 whereas FIR was lodged on 13.10.2019

Patna High Court CR. MISC. No.7832 of 2020(2) dt.29-02-2020 2/2 at about 5:35 pm. No complaint of any eve-teasing was made earlier. On the basis of allegation no offence under Section 354 of IPC or Section 8 of the POCSO Act is made out. Petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his/her arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with POCSO Case No. 114 of 2019 (arising out of Tekari(Panchanpur O.P.) P.S. Case No. 373 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U