ABHIMANYU KAPOOR v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 323, 354, 354A, 354D, 504, 506
- Protection of Children from Sexual Offences Act, 2012 s. 8
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR Mr.Pramod Kumar Verma Mr.Md. Mushtaque Alam ORAL ORDER 2 02-05-2023 Heard learned counsel for the petitioners and learned APP for the State. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 354, 354A, 354D, 323, 504, 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act. The allegation against the petitioners along with others is of outraging the modesty with the informant’s daughter and assaulting, when she was returning to her house after watching the programme of MATKA damaging. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. From the perusal of the impugned Patna High Court CR. MISC. No.6055 of 2023(2) dt.02-05-2023 order, it appears that the victim girl does not whispered about the complicity of these petitioners and others accused persons. The victim girl has not taken the name of these petitioners. They are languishing in judicial custody since 09.11.2022. The application for bail is opposed by learned APP for the State. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VIth-cum-Spl. Judge, POCSO Act in connection with Sirdala P.S. Case No. 135 of
2022. arish/- U T (Sunil Kumar Panwar, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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