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Patna High CourtCR. MISC./23584/2021bail granted

Ravi Ranjan v. The State Of Bihar

2021-11-29Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23584 of 2021 Arising Out of PS. Case No.-128 Year-2019 Thana- BIHTA District- Patna ====================================================== RAVI RANJAN S/o Late Surj Dayal Sahu @ Late Suraj Dayal Singh Resident of- Shatrinagar, S.B.I. Colony, Danapur, P.S.- Danapur, DistrictPatna, A/P- Teacher, Krishna Public School, Neora, P.S.- Bihta, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh ChandraVerma, Sr. Advocate Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Bihta P.S. Case No. 128 of 2019, disclosing offence punishable under Sections 341, 354(B), 376 (jh), 511, 506/34 of the Indian Penal Code and Section 8 of POCSO Act.

The victim is said to be a student of a school of which the petitioner is one of the teachers. It is alleged in the FIR that the victim attempted to outrage the victim's modesty and sexually assault her. It is further alleged that when the victim approached the principal of the school to complain, she asked her not to disclose the conduct of the petitioner and

Patna High Court CR. MISC. No.23584 of 2021(3) dt.29-11-2021 2/2 threatened her of dire consequences if she did so. Mr. Yogesh Chandra Verma, learned senior counsel appearing on behalf of the petitioner has submitted that the allegation of outraging the modesty of the victim as contained in the FIR is too vague to constitute penal offence under the provision of the Indian Penal Code or POCSO Act. The petitioner has remained in custody since 22.01.2021 and chargesheet has been submitted under the provisions of Section 354/354(B) of Indian Penal Code and Section 12 of POCSO Act.

Considering petitioner's incarceration from 22.01.2021 and the nature of accusation in the FIR this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Additional District Judge-VII-cumSpecial Judge, POCSO, Patna in Special Case No. 19 of 2019 arising out of Bihta P.S. Case No. 128 of 2019. (Chakradhari Sharan Singh, J) K.K.RAO/- U T