Manager Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84112 of 2019 Arising Out of PS. Case No.-110 Year-2017 Thana- GOPALPUR District- West Champaran ====================================================== MANAGER SAH S/o Late Ramjas Sah, Resident of Village- Tengrahiya, Bakulahar, P.S.- Gopalpur, District- West Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar Shrivastava, Adv.
For the Opposite Party/s :
Mr.Aditya Narayan Singh.1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2020 Heard both sides through Video Conferencing.
The petitioner apprehends his arrest in Gopalpur P.S. Case No.110 of 2017 registered under Sections 341, 323, 354B, 506 and 34 of the Indian Penal Code and under Section 8 of the POCSO Act.
The informant alleged that on 09.07.2017 the informant and his wife was sowing paddy crops in the field. His daughter is aged about 12 years was returning after attending the call of nature but Manager Sah caught her with bad intention and took her to his darbaja. His daughter raised alarm but Manager Sah took his daughter inside the house and touched her body. It is further alleged that Manager Sah torn her clothes. On alarm, the wife of the informant went there but in the meantime Ram Pravesh Sah (son of Manager Sah) also came there and
Patna High Court CR. MISC. No.84112 of 2019(3) dt.17-06-2020 2/3 threatened the daughter of the informant to kill her and her father.
Learned counsel for the petitioner submits that the occurrence took place on 09.07.2017 but the F.I.R. was lodged on 24.07.2017. There is inordinate delay in lodging the F.I.R. Now the case has been compromised.
It appears that there is specific allegation against the petitioner that he caught the minor daughter of the informant with bad intention and took her inside the house. The petitioner torn her clothes with bad intention but somehow on timely arrival of the mother of the victim, the victim could be saved from being ravished. The mother of the victim took the victim to M.J.K. Hospital and where fardbeyan of the informant was recorded on 12.07.2017. The fardbeyan was sent to the police station and that is why the F.I.R. was lodged on 24.07.2017. From perusal of the case-diary, it appears that the process under Section 82 of the Cr.P.C. against the petitioner has already been exhausted and the petitioner is absconding.
Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
If the petitioner surrenders in the court below, the
Patna High Court CR. MISC. No.84112 of 2019(3) dt.17-06-2020 3/3 learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court.
(Prabhat Kumar Jha, J) Harish/- U T