Ashok v. The State Of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 354A, 504, 506
- Protection of Children from Sexual Offences Act, 2012 s. 12
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
The State Of Bihar Shambhu Yadav Son Of Late Ramanand Yadav Resident Of Village - Auradih, Ward No.09, P.S. - Alamnagar, District - Madhepura, Bihar ... ... Opposite Party/s
====================================================== Appearance : Mr. Deepak Kumar : For the Petitioner/s For the Opposite Party/s : Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 3 25-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Alamnagar P.S. Case no. 233 of 2024 instituted for the offences under Sections 354A, 504, 506, 34 of the Indian Penal Code and Section 12 of the POCSO Act.
The case of the prosecution is that the minor daughter of the informant was cleaning the utensils, at that time, the petitioner along with other co-accused persons arrived there, started abusing and threatened her of dire consequences. It is further alleged that obscene act was done before the daughter of Patna High Court CR. MISC. No.69555 of 2024(3) dt.25-10-2024 the informant.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It has been argued by the learned counsel for the petitioner that petitioner is a teacher and that there is a land dispute between the parties. It is also submitted that the petitioner has not committed any offence as alleged in the FIR against him rather he was urinating behind the bush and other co-accused persons made photographs of the informant’s daughter.
In contra, learned APP appearing for the State opposed the prayer of bail of the petitioner.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Alamnagar P.S. Case No. 233 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.- VI-cum-Special Judge, POCSO, Madhepura subject to the conditions as laid down Patna High Court CR. MISC. No.69555 of 2024(3) dt.25-10-2024 under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.