Patna High CourtCR. MISC./76899/2019bail rejected

Heera Kumar Gupta v. The State Of Bihar

2020-03-06Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76899 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== Heera Kumar Gupta Son of Deo Murat Sah Resident of Village and P.O. Kurur, Police Station- Karakat (Gorari), District- Rohtas at Sasaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dipak Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Karakat PS Case No. 221 of 2019 registered under Sections 354B IPC and Section 8/12 of the Pocso Act.

The allegation in the FIR is that the petitioner caught hold of the hands of the victim girl who is minor and a student and the petitioner is a junior most teacher and Incharge Headmaster. The petitioner's Counsel submits that the victim has been set up to implicate the the petitioner on extraneous consideration. This fact is borne from the statement of two teachers recorded on 28.8.2019 in course of investigation. The three girls, regarding whom there is allegation that they had seen the occurrence, have also denied knowledge of the occurrence.

Learned APP has drawn attention of the court towards the specific allegation levelled in the FIR to the extent that the petitioner has caught hold of the victim girl, who is a minor. The offence arises out of Pocso Act and merely because certain witnesses have expressed possibility of false implication the petitioner would not be entitled to the privilege of anticipatory bail having regard to the nature of allegation.

Patna High Court CR. MISC. No.76899 of 2019(3) dt.06-03-2020 2/2 Considering the rival submissions the prayer of the petitioner for anticipatory bail is rejected. The petitioner would be at liberty to raise these issues at the time of prayer for regular bail before the court concerned. It is needless to say that the court below shall take into consideration aforesaid submissions.

(Madhuresh Prasad, J) SNkumar/- U T