Patna High CourtCR. MISC./7517/2024rejected

Muntun Kumar v. The State Of Bihar

2024-03-21Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7517 of 2024 Arising Out of PS. Case No.-574 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Muntun Kumar Son Of Late Shambhu Sah R/O-Vishunpura Tali Tola, P.S.- HARSIDHI, Distt.-EAST Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the State :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Uday Chand Prasad, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Harsidhi P.S. Case No. 574 of 2023, F.I.R. dated 29.09.2023 for the offences punishable under Sections 363, 366A, 504, 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. According to prosecution case, petitioner along with other co-accused person is said to have kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.7517 of 2024(3) dt.21-03-2024 2/2 petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor for the State, on the other hand, on the basis of material available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 164 Cr.P.C. in which she categorically stated that the petitioner and co-accused person have forcibly abducted her.

6. Considering the statement of the victim recorded under Section 164 Cr.P.C., I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Harsidhi P.S. Case No. 574 of 2023 pending in the court of learned 6th Additional Sessions Judge cum Special Judge POCSO, Motihari at East Champaran.

7. Prayer is refused.

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