Shatrudhan Kumar @ Shatrudhan Shaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65911 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- MAHILA P.S. District- Patna ====================================================== Shatrudhan Kumar @ Shatrudhan Shaw Son of Sahdeo Shaw Resident of Village - Tigoria, Ward No.- 12, Police Station - Mejha, District - Bakura, West Bengal, Presently residing A/P- Near Chitkohra Masjid, Janki Bhawan, P.S.- Gardanibagh, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Aarti Kumari Daughter of A. Kumar Under the Guardianship of her Father. R/O Mohalla- Kaushal Nagar, P.S.- Hawai Adda, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Amitesh Kumar For the State :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 41 of 2024 registered for the offence under Sections 354, 354A of the Indian Penal Code.

3. As per the prosecution case, the petitioner, who was the teacher of the victim, is said to have forcibly touched the private parts of the victim, who is a minor.

4. It has been submitted by the learned counsel for the petitioner that over a dispute for payment of tution fees, this false case has been registered against the petitioner.

5. It has been submitted by the learned APP for the State that the charge-sheet has been submitted by the police.

6. The Inspector-cum-Investigating Officer of the present case has appeared personally in this Court and she has

Patna High Court CR. MISC. No.65911 of 2024(2) dt.03-10-2024 2/2 assured this Court that witnesses shall be produced on the dates fixed in trial for examination of the witnesses.

7. During course of arguments, it has also been submitted by the learned counsel for the petitioner that the victim may be issued notice as she may not support the prosecution case.

8. From the argument of the petitioner, it appears that the petitioner and his family members are trying to tamper with the evidence and pressurize the victim and her family members.

9. In these circumstances, the Inspector-cumInvestigating Officer of the present case is directed to provide all assistance/protection to the victim and her family members so that the evidence of the victim minor girl may be recorded and this case can be taken to its logical conclusion.

10. Considering the nature of allegation and also considering the fact that the victim is a minor, this Court is not inclined to grant bail to the petitioner.

11. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U T