Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54894 of 2016 Arising Out of PS.Case No. -107 Year- 2016 Thana -MAHILA P.S. District- MUZAFFARPUR ====================================================== Prem Kumar S/o Sri Ram Chandra Sah @ Ram Chandra Prasad Resident of Mohalla- Akharaghat, in front of Krishna Talkies, P.S.- Town, DistrictMuzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Mahila P.S. Case No. 107 of 2016 for the offences instituted under Sections 354, 354(B) of the Indian Penal Code and Section 8, 18 of POCSO Act.

The allegation against the petitioner is of outraging the modesty of the informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. Subsequently, a petition has been filed on behalf of the informant

Patna High Court Cr.Misc. No.54894 of 2016 (2) dt.22-12-2016 2/2 stating that the case has been instituted due to mistake of fact. The same is Annexure-2 to the present application. On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Mahila P.S. Case No. 107 of 2016 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge, POCSO Act, Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J.) Amit/- U T