Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8103 of 2023 Arising Out of PS. Case No.-86 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== SATISH KUMAR Son of Raj Kishore Tiwary R/v- Chainpur, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Baruraj P.S. Case No.86/2022, registered for the offence punishable u/s 363, 376, 328, 366(A)/34 of the IPC r/w sections 4/6 of POCSO Act.

Allegedly, the daughter of the informant is said to have been kidnapped by the F.I.R. named accused persons including the petitioner for illegal purpose.

It is submitted by learned counsel for the petitioner that 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 leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.8103 of 2023(2) dt.09-05-2023 2/2 omnibus in nature. There is no eye-witness to the alleged occurrence. However, it is fairly submitted that the statement of the victim was recorded u/s 164 Cr.P.C., in which, she has supported the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the statement of the victim, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T