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Patna High CourtCR. MISC./65007/2019dismissed

Surendra Singh v. The State Of Bihar

2019-10-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65007 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== SURENDRA SINGH Son of Late Ramjanam Singh Resident of Village - Purhara, P.S.- Haspura, Distt - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Advocate.

Rupa Kumari, Advocate.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Haspura P.S. Case No. 98 of 2019, registered for the offences punishable under Sections 341, 323, 504, 354 (B), 506, 34 of the Indian Penal Code and Section 8 of POCSO Act.

F.I.R itself disclosed that petitioner who happens to be a teacher of the niece ( Bhagani) of the informant has tried to outrage her modesty and also tried to drag her and when the informant made complaint son of the petitioner assaulted also. Submission of the learned counsel for the petitioner is that he is an old man and has been falsely implicated in this case as tuition fee for the two years was due which was not being paid by the informant and on demand the informant filed

Patna High Court CR. MISC. No.65007 of 2019(2) dt.18-10-2019 2/2 this case against the petitioner.

On the other hand, learned A.P.P and counsel appearing for the informant has opposed the prayer of bail on the ground that victim girl is minor and there is specific allegation against him that he misbehaved with her and tried to outrage her modesty.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record without being prejudice by this order and pass an order in accordance with law possibly on the same day.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T