Rocky Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8732 of 2023 Arising Out of PS. Case No.-274 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Rocky Kumar Son Of Karu Mistry R/O Mohalla- Jalalpur, P.S.- Sohsarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned counsel for the informant and learned Additional Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Sohsarai P.S. Case No. 274 of 2022 registered for the offences punishable under Sections 341, 323, 354, 504, 506/34 of the Indian Penal Code and section 8 and 12 of the POCSO Act. As per the prosecution case, petitioner and other coaccused persons tried to outrage the modesty of informant's minor daughter and threatened her to defame in the society. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that no specific overt act has been attributed against the petitioner. Petitioner and informant is next door neighbour
Patna High Court CR. MISC. No.8732 of 2023(2) dt.18-04-2023 2/2 and there is delay of three days of filing of the FIR without explaining any reasonable cause of delay. It is further submitted that petitioner has no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the aforesaid facts and circumstance of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected.
However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) N.K/- U T