Patna High CourtCR. MISC./71927/2018dismissed

Guddu Paswan v. The State Of Bihar

2018-12-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71927 of 2018 Arising Out of PS. Case No.-311 Year-2018 Thana- Brahampur District- Buxar ====================================================== Guddu Paswan, son of Late Ram Bihari Paswan, resident of village - Brahampur, P.S. - Brahampur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Sumant Kumar Singh For the Opposite Party/s :

Smt. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-12-2018 Heard Sri Sumant Kumar Singh, learned counsel for the petitioner and Smt. Nirmala Kumari, learned Additional Public Prosecutor.

The sole petitioner who has been arrayed as accused in the F.I.R. with specific accusation has approached this court for grant of privilege of bail in connection with Brahampur P.S. Case No. 311 of 2018 registered for the offence under Section 365, 354(A), 354 ( B), 354 (D) , 509 of the Indian Penal Code, 1860 [ hereinafter referred to as the "I.P.C." ] and under Section 12 of the Protection of Children From Sexual Offences Act, 2012 [ hereinafter referred to as the "POCSO" Act ] . Learned counsel for the petitioner submits that the case appears to be completely false. F.I.R. was lodged belatedly however on going through the material on record particularly

Patna High Court Cr.Misc. No.71927 of 2018(2) dt.04-12-2018 2/2 the order impugned it appears that after registering F.I.R. case was investigated and against some of the accused persons charge sheet has been submitted under Sections 354(A), 354(B), 354(D), 509 of the I.P.C. and Section 12 of the POCSO Act, meaning thereby that prima facie accusation which has been made in the F.I.R was found true. I do not find any ground to extend the privilege of anticipatory bail.

The prayer for grant of anticipatory bail stands dismissed.

(Rakesh Kumar, J) praful/- U T