Md. Kaku @ Md. Konain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15711 of 2015 Arising Out of PS.Case No. -327 Year- 2014 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Md. Kaku @ Md. Konain S/o Md. Tanvir, Resident of Mohalla - Imam Ganj, P.S. - Town & District - Muzaffarpur.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar Pandey, Advocate For the Opposite Party: Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 The petitioner is languishing in custody since 11.11.2014 in connection with Mithanpura P.S. Case No.327 of 2014 for the offences instituted under Sections 341, 323, 379, 354(D) (2) read with Section 34 of the Indian Penal Code and Section 12 of the POCSO Act.
Heard learned counsel for the petitioner and learned counsel for the State.
The prosecution story, in brief, is that the informant, who is a driver of the school bus, has filed a written report stating therein that three boys including the petitioner riding on a motorcycle used to follow the school bus of the girl students and used to misbehave them and passed indecent remarks, causing harassment to them. On 10.11.2014, the accused persons after overtaking the bus forcibly tried to stop the bus and started
Patna High Court Cr.Misc. No.15711 of 2015 (2) dt.08-06-2015 2/2 misbehaving with the girls and then the informant alighted from the bus and caught all of them whereupon they started assaulting him and hurling abuses and even snatched away Rs.1000/- from his pocket.
It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in the present case. It has been submitted on behalf of the State that the petitioner has committed a heinous crime where he has tried to misbehave with the school-going girls for which the driver of the school bus has instituted the present case.
Considering the aforesaid facts and circumstances of the case, I am not inclined to grant bail to the petitioner. The same is rejected. Anyhow, the petitioner may renew his prayer for bail after completion of one year in custody. (Sudhir Singh, J) B.T/- U T