Banti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17047 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ====================================================== BANTI SINGH Son of Ramnath Singh Resident of Village and P.S. - Agion Bazar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-11-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Surendra Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Agion Bazar PS case no. 119 of 2019 registered for the offences punishable under Sections 354A, 504 of Indian Penal Code and Section 8 of POCSO Act. The allegation is regarding the petitioner having caught the hand of the daughter of the informant, whereafter he had engaged in eve-teasing.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely

Patna High Court CR. MISC. No.17047 of 2020(4) dt.05-11-2020 2/3 implicated in the present case and is having a clean antecedent. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the fact that though the allegation levelled against the petitioner herein is a bit intimidating in nature, however considering the fact that the petitioner is having a clean antecedent, this Court would give benefit of doubt to the petitioner for the purposes of grant of anticipatory bail, however subject to certain conditions.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District Judge Bhojpur at Ara in connection with Agion Bazar PS case no. 119 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

This Court further directs that since the investigation of the present case is going on, the petitioner herein shall appear before the Officer-in-charge of the

Patna High Court CR. MISC. No.17047 of 2020(4) dt.05-11-2020 3/3 concerned police station on each and every Monday of the week and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-incharge, the present privilege of bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner would be taken into custody forthwith. (Mohit Kumar Shah, J) rinkee/- U T