Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38519 of 2020 Arising out of P.S. Case No. 99, year- 2020, Thana- Mahila District Nalanda ====================================================== Praveen Kumar, Male, aged about 24 years, S/O Mahendra Yadav R/O village- Gafur Bigha P.S. Asthawan, District Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. D.K. Sinha, Sr. Adv. Mr. Pramod Kumar Sinha, Adv.

For the Opp. Party/s : Mr. Bhanu Pratap Singh, APP For the Informant : Mr. Raj Kishore Prasad, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-06-2021 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, requiring social distancing.

Heard the learned Sr. counsel for the petitioner, Shri D. K. Sinha, assisted by Sri. Pramod Kumar Sinha, Adv., the learned APP for the State, Sri. Bhanu Pratap Singh, and the learned counsel for the informant Shri Raj Kishore Prasad. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 99 of 2020 for the offence punishable under sections 354(A) and 506/34 of the Indian Penal Code and section 12 of the POCSO Act.

The allegation is regarding the petitioner having arrived at the roof of the house of the victim girl where she was sleeping and had tried to pull her hand, however, upon alarm being raised, the petitioner fled away.

The learned Senior counsel for the petitioner, Shri D.K. Sinha, has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that no allegation of any sort of untoward incident or misbehaviour has been alleged as far as the petitioner is concerned and on account of ill motive, the present case has been lodged with a view to ruin the career of the young boy.

Per contra, the learned APP appearing for the State, Shri Bhanu Pratap and Shri Raj Kishore Prasad, the learned counsel for the informant have vehemently opposed the prayer of the petitioner for grant of anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the Ld. Counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has not been alleged to have committed any untoward incident or misbehaved with the victim girl, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail

Accordingly, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, the petitioner, above-named, shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Judge-VI cum Special Judge, POCSO Act, Nalanda at Biharsharif in connection with Mahila P.S. Case No. 99 of 2020, subject to the conditions as laid down under section 438(2) of the Cr. P.C.

(Mohit Kumar Shah, J) Tiwary/-