Mukesh Kumar v. The State of Bihar

The State of Bihar Basant Kumar Jain Son of Bishnu Kumar Jain R/o vill.- C.T.S. Road Marwari Patti, P.S.- Nathnagar, Dist.- Bhagalpur ... ... Opposite Party/s

====================================================== Appearance : : For the Petitioner/s Mr.Rajive Ranjan Singh For the Opposite Party/s : Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for offence under Sections 342, 354A, 354B, 506, 34 of the Indian Penal Code and Sections 4, 6, 8 of the P.O.C.S.O. Act and later on, Section 75 of J.J.Act was added.

As per F.I.R., on 12.09.2023, the sport teacher Prince Yadav took daughter of informant in sports room where another sport teacher Mukesh (petitioner) was present and it is alleged that co-accused Prince Yadav closed the door and this petitioner came near her, pressed her breasts, held her hands and began to kiss her and also put his hands inside skirt and began to Patna High Court CR. MISC. No.21348 of 2024(3) dt.12-07-2024 touch her private part, but when the victim started weeping, then petitioner left her.

The victim, in her statement recorded under Section 164 Cr.P.C., has fully supported the prosecution case. As per Birth Certificate, the victim is below 16 years and petitioner is sports teacher.

Considering the nature of accusation, the prayer for bail of petitioner is rejected. (Prabhat Kumar Singh, J) U T