Patna High CourtCR. MISC./10719/2024dismissed

Raju Das @ Raju Kumar Das v. The State Of Bihar

2024-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10719 of 2024 Arising Out of PS. Case No.-118 Year-2023 Thana- KESARIA District- East Champaran ====================================================== RAJU DAS @ RAJU KUMAR DAS Son of Manik Das Resident of VillageLala Chhapra, Bairiya, P.S.-Kesariya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Patel For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard the parties.

2. The petitioner apprehend his arrest in connection with Kesariya P.S. Case No.118/2023, registered for the offence punishable under Sections 147, 149, 341, 323, 325, 307, 354(B), 379, 504, 506, 427 of the Indian Penal Code and Section 8 of POCSO Act.

3. Allegedly, the petitioner along with other co-accused persons entered into the house of the informant and teased her daughter and also assaulted the her and her family members. The allegation against the petitioner is that he sexually abused the informant. The accused persons are also said to have damaged the valuable household articles of the informant and stole cash, clothes and jewellery .

4. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.10719 of 2024(2) dt.22-02-2024 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that this is not a fit case for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of allegations, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T