Prakash Sinha @ Prakash Nandan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2695 of 2018 Arising Out of PS. Case No.-268 Year-2017 Thana- BALIA District- Begusarai ====================================================== Prakash Sinha @ Prakash Nandan Sinha S/o late Deonandan Prasad Sinha Resident of Upar Tola, Ward No. 3, Village- Balia, P.S. Balia, District Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambuj Nayan Chaubey For the Opposite Party/s :

Mr. SRI AWADHESH KUMAR SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ballia P.S. case no. 268 of 2017 instituted for the offence under Section(s) 354B and 506 of the Indian Penal Code and Section 3(ch) of the POCSO Act.

Allegation in the written report is that the daughter of the informant aged about 6 years was studying in L.K.G. in Kids Garden English School. It is alleged that this petitioner who is said to be the Principal of the school always used to do bad activity with her. It is further alleged that on 10.10.2017 petitioner attempted to do illegal act with her. The victim girl told about the incident to her father. The informant came to the

Patna High Court Cr.Misc. No.2695 of 2018(3) dt.16-02-2018 2/3 school with his wife but the petitioner was not present in the school.

Learned counsel for the petitioner has submitted that this petitioner is not the Principal of the School rather he is a Trustee and Managing Director of the Devnandan Memorial Trust under which the school comes. Petitioner has no concern with the dayto-day affairs of the school, which was done by the Principal of the School, namely, Priti Kumari. Learned counsel for the petitioner has further submitted that this case has been filed because there was dues of the tuition fees against the victim girl and when school made pressure to make payment of the fees then this false case has been lodged.

The case diary has been received in this case. The victim girl has given her statement in para 6 of the case diary, wherein she has levelled specific allegation, against this petitioner. It further appears that for the alleged dues of the tuition fees with the victim girl as submitted by the petitioner there was no any demand made by the School. In such circumstance this court is not inclined to grant anticipatory bail to petitioner. Prayer for anticipatory bail of the petitioner stands rejected. Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and

Patna High Court Cr.Misc. No.2695 of 2018(3) dt.16-02-2018 3/3 disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T