POCSO Case- SC Grants Anticipatory Bail To Man Accused Of Raping A Minor

The Supreme Court has granted anticipatory bail to a man booked under Sections 366(A) and 376 of Indian Penal Code, and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

The Court, while observing that the accused participated in the investigation process whenever called, extended the interim protection against arrest of the accused till the completion of the investigation process.

“…the interim protection granted on 16.12.2022 shall enure to the benefit of the petitioner till the completion of the process, subject to the petitioner diligently participating in the further investigation and process thereafter, if any.”, Justice AS Bopanna and Justice Dipankar Datta ordered.

In this case, an FIR was registered against the accused for allegedly raping a minor after giving her false assurance of marriage. Following this the accused had approached Additional District Judge for grant of anticipatory bail. However, his plea was dismissed. His plea before Patna High Court also came to be dismissed. Aggrieved, the accused approached the Apex Court.

Advocate Namit Saxena appearing for the accused argued that the petitioner-accused was a government servant at the relevant time and that he was on duty at the time of the alleged commission of the offence. He contended that the medical report stated no rape was committed upon the minor.

It was further contended by the counsel for the accused that the sole purpose of registering the FIR is to make the accused and his family bend to the demand of the complainant and his family of marry their daughter/victim.

Advocate Saket Singh appeared for Respondent.

The Apex Court noted that the Court had granted interim protection against the arrest of the accused on December 16, 2022. The Court further noted that investigation is not complete and the charge sheet is yet to be filed and that there is no complaint against the petitioner that he has not participated in the investigation.

Thus the Court held that the interim protection granted earlier by the Court shall enure to the benefit of the petitioner till the completion of the process, subject to the petitioner diligently participating in further investigation.

Cause Title- Prawin Kumar @ Praveen Kumar v. State Of Bihar

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