Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60787 of 2017 Arising Out of PS.Case No. -96 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ======================================================

1. Praveen Kumar S/o Ram Sagar Sahani, R/o Village- Chandur, P.S.- Bhagwanpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bhagwanpur P.S.Case No. 96 of 2017 registered under Sections 376 and 511 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012. It is submitted by the learned counsel for the petitioner that the petitioner is the cousin brother of the informant. The father of the informant Gopal Sahani has long standing land dispute with the father of the petitioner Ram Sagar Sahani and due to that reason name of the petitioner has been given in the present case. He submitted that in course of investigation and supervision the allegations made under the Protection of Children from Sexual Offences Act and Section 376/511 of the Indian Penal Code have been found to be false and the Supervising Officer has directed for

Patna High Court Cr.Misc. No.60787 of 2017 (2) dt.21-12-2017 2/2 submission of charge-sheet under Section 354(b) of the Indian Penal Code. He submitted that even according to the FIR there is no overt act alleged against the petitioner and the entire allegation of outraging the modesty etc. is on Amarjeet Ram. Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioner. He submitted that the petitioner was accompanying Amarjeet Ram at the time when Amarjeet Ram tried to outrage the modesty of the victim.

Having regard to the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Court, Begusarai in connection with Bhagwanpur P.S.Case No. 96 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T