Patna HC Grant of Anticipatory Bail in POCSO and IPC Offences

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By Abhishek Jat, Advocate

Introduction

Anticipatory bail is a significant legal safeguard within the criminal justice system, designed to protect individuals from unwarranted arrest and detention. In a recent matter before the Patna High Court, the application of anticipatory bail was examined in the context of grave allegations under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) Act.

Case Overview

Case Title: Raj Kumar & Devanti Devi v. State of Bihar

Case Number: Criminal Miscellaneous No. 10019 of 2018

Presiding Judge: Hon’ble Mr. Justice Sanjay Priya

Court: Patna High Court

Date of Order: 27th March 2018

Factual Matrix

The petitioners, Raj Kumar and Devanti Devi, faced accusations stemming from Mahila P.S. Case No. 39 of 2017, registered in Aurangabad district. The charges invoked were under Section 354A (sexual harassment), Section 504 (intentional insult), and Section 506 (criminal intimidation) of the IPC, along with Section 8 of the POCSO Act, which addresses sexual assault on minors.

The complaint alleged that, during the informant’s absence, her minor daughter was subjected to an act intended to outrage her modesty by one of the petitioners. The defense argued that the case was a result of prior animosity, referencing earlier litigation between the families.

Judicial Reasoning

Upon hearing both parties, the Court scrutinized the case diary and noted the absence of any medical report supporting the prosecution’s version. The lack of medical evidence was a pivotal factor in the Court’s assessment of the credibility and prima facie strength of the allegations.

Justice Sanjay Priya emphasized the necessity of balancing the seriousness of the charges with the requirement for credible supporting material. The Court recognized that the mere gravity of an accusation does not automatically preclude the grant of anticipatory bail, particularly when there is an apparent lack of corroborative evidence.

Bail Conditions Imposed

  1. The Court allowed the anticipatory bail application, subject to the following stringent conditions:
  2. Bail Bond: Petitioners were directed to furnish a bail bond of ₹10,000 each, with two sureties of like amount.
  3. Local Sureties: The bailors must be local residents possessing sufficient immovable property within the court’s jurisdiction.
  4. Cooperation with Trial: The petitioners are mandated to cooperate fully with the trial and attend every scheduled court date.
  5. Attendance: Absence on two consecutive hearing dates, without proper justification, would render the bail liable for cancellation.
  6. Non-Tampering: Any attempt to influence witnesses or tamper with evidence would empower the prosecution to seek cancellation of bail.

Legal Terminology Explained

  • Anticipatory Bail: A pre-arrest legal remedy to prevent unjustified detention, granted under Section 438 of the Code of Criminal Procedure (CrPC).
  • Sexual Harassment (Section 354A IPC): Involves unwelcome physical contact, advances, or sexually colored remarks.
  • Intentional Insult (Section 504 IPC): Actions intended to provoke another and potentially cause a breach of peace.
  • Criminal Intimidation (Section 506 IPC): Threats meant to cause alarm or compel a person to act against their will.
  • Sexual Assault (Section 8 POCSO Act): Non-penetrative sexual offences against minors.

Conclusion

This case underscores the judiciary’s commitment to safeguarding individual liberty while ensuring the integrity of the trial process. The Patna High Court’s approach demonstrates that anticipatory bail can be granted even in sensitive cases, provided the prosecution’s evidence is not sufficiently robust at the preliminary stage. The imposition of strict conditions ensures that the accused remain accountable to the judicial process and do not misuse the concession of bail.

Authored by Abhishek Jat, Advocate

Location: Veerchand Patel Road Area, Patna, Bihar 800028, India

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