Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14837 of 2019 Arising Out of PS. Case No.-88 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== Sujit Kumar, Son of Bijendra Kumar Das, Resident of Village - Nargada Chamartoli, P.S.- Shahpur, Distt.- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 This is an application for grant of anticipatory bail in connection with Mahila P.S. Case No.88 of 2018 disclosing offences under Sections 354(A), 354(D) of Indian Penal Code and 8/12 of POCSO Act.

Prosecution story is that petitioner was teaching the minor daughter of the complainant and during tuition he has misbehaved with her and on her protest he told that he had taken photographs of his daughter when she was changing her cloths, he made the film viral on internet and further in the night at 2:00 A.M. he came to the house of the complainant and was caught by informant and his mobile was snatched.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted and the same has been lodged only because there was a dispute with regard to tuition fee and no offence is made out against the petitioner under

Patna High Court CR. MISC. No.14837 of 2019(5) dt.09-05-2019 2/2 Section 354 (A) & (B) of the Indian Penal Code and Section 8/13 of POCSO Act.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the court below for regular bail, which will be considered by the learned court below on the basis of materials available on record without being prejudiced by the order of this Court and if possible to be disposed of on the same day.

(Vinod Kumar Sinha, J) sunil/- U T