Pritam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5060 of 2025 Arising Out of PS. Case No.-62 Year-2024 Thana- AMARPUR District- Banka ====================================================== Pritam Kumar S/O Kokan Ram @ Kokal Ram R/O Vill.- Khurd Kol, P.S.- Amarpur, Dist.- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinku Ram S/O Punam Ram R/O Vill.- Khurd Kol, P.S.- Amarpur, Dist.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-02-2025 Heard Mr.Ranjan Kumar Jha, learned counsel for the petitioner and Mr.Kalyan Shankar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Amarpur P.S.Case No.62 of 2024, FIR dated 24.01.2024 registered for the offences punishable under Sections 363,366(A),504,506,34 of IPC and Section 4 of POSCO Act.

3. Allegation against the petitioner is that he alongwith co-accused person, namely, Sachin forcibly took the victim girl to Patna and kept her in a room and committed rape with her.

Patna High Court CR. MISC. No.5060 of 2025(2) dt.19-02-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the victim was in love with the co-accused person, namely, Sachin Kumar and petitioner has no concern at all with the alleged occurrence.

5. Learned A.P.P. for the State, on other other hand, on the basis of the material available on the record and the case diary, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that it has come in the case diary in paragraph-76 of the case diary that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has categorically stated that petitioner alongwith co-accused person, namely, Sachin Kumar forcibly took her to Patna and they have committed rape with her.

6. Considering the aforesaid fact and the fact that it is not a fit case for grant of anticipatory bail to the petitioner and hence I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Amarpur P.S.Case No.62 of 2024 pending in the court of learned Additional Sessions JudgeVI-cum-Special Judge POCSO, Banka.

Patna High Court CR. MISC. No.5060 of 2025(2) dt.19-02-2025 3/3

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T