Anil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10533 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Anil Kumar Yadav S/O RAMESHWAR YADAV R/O VILLAGE- RAMPUR , PS. LAUKAHA, DIST. MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

Mr.Vinod Kumar, Adv.

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Laukaha P.S. Case No.224 of 2023, registered for the offence punishable u/s 420, 376, 341, 323, 504, 34 of the IPC and 4/6 of the POCSO Act.

3.

Allegedly, the petitioner is said to have established illicit physical relationship with the informant/victim on the pretext of marriage and when she got pregnant, the informant's mother informed the petitioner's family and suggested for the marriage of victim and the petitioner, upon which they asked for terminating the pregnancy and on protest, they threatened to kill the victim and her mother.

Patna High Court CR. MISC. No.10533 of 2024(2) dt.22-02-2024 2/2 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. The medical report of the victim shows her age around 17 to 18 years. The victim on her own will established physical relation with the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner. 6.

Considering the aforesaid facts and circumstances, nature of allegation and the detailed order of the court below, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks 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