Shivajee Kumar @ Shiva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9507 of 2022 Arising Out of PS. Case No.-418 Year-2021 Thana- SHEKHPURA District- Sheikhpura ====================================================== SHIVAJEE KUMAR @ SHIVA KUMAR S/o Ajay Prasad R/o villageGangti, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Sheikhpura P.S. Case No.418 of 2021 (POCSO Case No.38 of 2021), registered for the offences punishable under Sections 363, 365 of the Indian Penal Code and Section 8 of the POCSO Act. The petitioner is said to have kidnapped the minor niece of the informant for the purpose of marriage. Learned counsel for the petitioner submits that the petitioners is innocent and has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the statement of the victim has been recorded under Section

Patna High Court CR. MISC. No.9507 of 2022(2) dt.02-08-2022 2/2 164 Cr.P.C. in which she has stated that the petitioner is also involved in the present case.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J) Sanjay/- U T