Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29299 of 2015 Arising Out of PS.Case No. -31 Year- 2015 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Sudhir Singh S/o Sri Rajanand Singh Resident of Village Kharokhar, P.S. Rafiganj, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeshwar Singh For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-07-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,354 and 452 of the Indian Penal Code, section 8 of Protection of Children from Sexual Offences Act and sections 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that the petitioner caught hold of the hand of the informant and when protest was made then accused persons abused and assaulted the mother and aunt of the informant. It is submitted by the learned counsel for the petitioner that at earlier point of time the petitioner side lodged a case against the informant side making accusation under sections 307 and 379 IPC. It is further submitted that even assuming the

Patna High Court Cr.Misc. No.29299 of 2015 (2) dt.27-07-2015 2/2 accusation, no offence under the provision of Protection of Children from Sexual Offences Act is made out. Considering the fact that the case lodged by the petitioner side is earlier in point of time, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POSCO Act, Aurangabad in connection with Rafiganj P.S. Case No. 31 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T