Naveen Kumar @ Naveen Kumar Maraiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10139 of 2024 Arising Out of PS. Case No.-139 Year-2022 Thana- MANIHARI District- Katihar ====================================================== NAVEEN KUMAR @ NAVEEN KUMAR MARAIYA Son of Rasik Lal Maraiya Resident of Village-Kharaiya, P.S.-Dhamdaha, District-Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh For the Opposite Party/s :
Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Manihari P.S. Case No.139/2022 registered for the offence punishable under Sections 363, 366, 323 and 120(B) of the Indian Penal Code & Section 8 of POCSO Act.
3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, when he is a person with clean antecedent. It is also submitted that the victim's marriage was fixed by her parents with someone else whom she did not like as such she on her own volition came to the house of the petitioner and they performed marriage in a temple but thereafter when the statement of the victim was recorded under sections 161 and 164 Cr.P.C. she took a u-turn
Patna High Court CR. MISC. No.10139 of 2024(2) dt.29-02-2024 2/2 and implicated the petitioner stating that she was kidnapped by the petitioner for the purposes of marriage.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the minor has supported the case of the prosecution and has stated that she was kidnapped for the purposes of marriage.
5. Considering the submissions made by the learned APP, the court is not inclined to extend the privilege of anticipatory bail to the petitioner.
6. Accordingly, the anticipatory bail application of the petitioner is rejected.
(Satyavrat Verma, J) amit/- U T