Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14615 of 2020 Arising Out of PS. Case No.-201 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== SANTOSH KUMAR Son of Ram Sreshta Paswan Resident of VillageBhagwanpur Dadhiya, P.S.- Bochaha, District- Muzaffarpur, at presentAssistant Sub Inspector, P.S.- Barachatti, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K.Sinha, Sr. Adv.

Mr.Girish Chandra Jha, Adv.

For the Opposite Party/s :

Ms. Anita Kumari singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-09-2020 Heard Sri D.K.Sinha, the learned Senior Advocate appearing for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State. This is an application for grant of anticipatory bail in connection with POCSO Case No. 50 of 2019 arising out of Barachatti P.S.Case No. 201 of 2019 registered for the offence punishable under Sections 341, 323, 354(A), 504, 506 of the Indian Penal Code and Sections 9(a)1 & 11, (1) 11 (iii) of the POCSO Act, 2012.

The allegation against the petitioner is regarding him pressuring the informant to give statement before the learned court as per his advice and also using filthy language and

Patna High Court CR. MISC. No.14615 of 2020(3) dt.09-09-2020 2/3 misbehaving with the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that no offence, as alleged, has been committed by the petitioner herein inasmuch as it is apparent that the victim girl was in police custody and was being taken to the court, hence, the petitioner could not have dared to have engaged in such an act, as alleged, specially in presence of the police.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, prima facie, minuscule evidence appears to be present as against the petitioner herein, hence, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.14615 of 2020(3) dt.09-09-2020 3/3 Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO Act, Gaya in connection with POCSO Case No. 50 of 2019 arising out of Barachatti P.S.Case No. 201 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T