Shankar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5172 of 2019 Arising Out of PS. Case No.-207 Year-2018 Thana- BANMANKHI District- Purnia ====================================================== SHANKAR RAM aged about 21 years, Male, son of Late Nirdhan Ram Resident of Village- Kajhi Nagrahi, P.S.- Banmankhi, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.

The petitioner apprehends his arrest in Banmankhi P.S. Case No.207 of 2018 giving rise to POCSO Act Case No.133 of 2018 registered under Section 354(B) of the Indian Penal Code and under Sections 7 and 8 of POCSO Act. In sum and substance, the victim made allegation that the petitioner called the victim to lift the bundle of grass on his head. While the victim was assisting the petitioner in lifting the bundle of grass, the petitioner is alleged to have caught her and closed her mouth. The petitioner put her down on the ground in order to outrage her modesty.

The learned counsel for the petitioner submits that the petitioner is co-villager of the victim and some verbal dispute took place on account of cutting of grass but it appears that

Patna High Court Cr.Misc. No.5172 of 2019(2) dt.30-01-2019 2/2 villagers have also assembled at the place of occurrence on alarm of the victim and they supported the case. Considering the aforesaid facts and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T