← Library
Patna High CourtCR. MISC./49409/2018dismissed

Shahbaz Akram v. The State Of Bihar

2018-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49409 of 2018 Arising Out of PS.Case No. -162 Year- 2017 Thana -BAUSI District- PURNIA ======================================================

1. Shahbaz Akram S/o- Sabir, resident of Village- Chatangi Hat, P.S. Baisi, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vilram Deo Singh, Advocate For the Opposite Party/s : Mr. Sri Anant Kumar, A.P.P.-237 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Baisi P.S.Case No. 162 of 2017, registered for offences punishable under Sections 377 of the Indian Penal Code and Section 6 of POCSO Act.

As per F.I.R., allegation against the petitioner is of committing unnatural offence with the victim and the petitioner is said to be teacher and the case is under POCSO. Submission of the learned counsel for the petitioner is that the medical report does not support the prosecution case. Learned A.P.P. opposes the prayer for bail. n In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly,

Patna High Court Cr.Misc. No.49409 of 2018 (2) dt.28-08-2018 2/2 prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T