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On 27 September 2021, a complaint case was filed by A's father before the Ld. Chief Judicial Magistrate, District Ranchi, inter alia, for offences punishable

On 27 September 2021, a complaint case was filed by A's father before the Ld. Chief Judicial Magistrate, District Ranchi, inter alia, for offences punishable under Section 376, 354, 354 B, 355 of the Indian Penal Code 1860 ("IPC") against Bittu. The case of the complainant was that Bittu who was a 19 year old boy studying in the same college as A, tried to befriend A and stalked her on multiple occasions and one day invited her to his place on the pretext of watching an IPL match where he raped her. After a few days, the father and uncle of A after knowing of the unfortunate incident, threatened Bittu for paying for his actions.

Bittu filed an application for Anticipatory Bail before the High Court while stating that he was in a relationship with A but however, since A's family members are opposed to their relationship, they have been threatening him of filing false case against him. The Anticipatory Bail is pending adjudication, when the above complaint was filed. The Hon'ble High Court however dismissed the anticipatory bail application under Section 438 while granting protection for 30 days to the accused person from any coercive action by the State.

The magistrate decided to direct the police to conduct the investigation. Thereupon, the police started the investigation and arrested the accused after the expiry of the 30 days protection period granted by the Hon'ble High Court.

The accused person was sent to custody. The 90-day period expired on 28 January 2022. But the Police report was not filed by then. The Police filed the said report at 10 am on 4th February 2022 before the magistrate. The lawyer of the accused moved for default bail on the same day in the afternoon on the ground that his client is entitled to default bail owing to failure on the part of the police to not have filed the Police Report within the stipulated period.

  1. Ld. Magistrate before whom the Police report and the application for default bail have been presented for consideration. Write an essay, with reference to all relevant statutory provisions, case-laws, followed by an analysis, supporting your decision?

2.advocate engaged by Bittu to challenge the order of the High Court denying anticipatory bail before the Apex Court. Write an essay, with reference to relevant statutory provisions, and applicable case-law, the strongest possible line of arguments you can take before the Supreme Court?

Country - India

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