Balawa Saran Sharma @ Balabha Sharan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53461 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== Balawa Saran Sharma @ Balabha Sharan Sharma S/o Late Banwari Sharma R/o village- Dhangawan, P.S.- Jehanabad Town, District- Jehanabad ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard Mr. Ramakant Sharma, learned senior advocate for the petitioner and Mr. Syed Ehteshamuddin, learned advocate for the State.
The petitioner seeks pre-arrest bail in connection with Jehanabad Mahila P.S.Case No. 05 of 2019 registered under Section 376 of the Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act. It is contended by the learned counsel for the petitioner that there is inordinate and unexplained delay of two days in institution of the FIR. That apart, there is no evidence of aggravated sexual assault. He contended that the FIR has been instituted at the behest of one of the brothers of the petitioner, who is on inimical terms.
On the other hand, learned counsel appearing for the
Patna High Court CR. MISC. No.53461 of 2019(3) dt.16-11-2019 2/2 State submitted that in the FIR there is specific allegation against the petitioner to have outraged the modesty of a minor girl aged about 10 years. However, the medical report suggests that she is aged about 13-14 years. He has further contended that the alleged victim has corroborated the allegation of outraging modesty and touching her private part by the petitioner. Regard being had to the nature of allegation, I am not inclined to grant pre-arrest bail to the petitioner. The application is rejected.
In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) Pradeep/- U T