Ram Pravesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21028 of 2021 Arising Out of PS. Case No.-334 Year-2020 Thana- DHANARUA District- Patna ====================================================== RAM PRAVESH PRASAD S/O Late Padarath Prasad Resident of Village - Aatapur, P.S. Dhanarua, Dist. - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saghir Ahmad, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is/are apprehending his/their arrest in connection with Dhanura P.S. Case No. 334 of 2020 for the offence registered under Sections 376/511 of the Indian Penal Code and Section 7/8 of the POCSO Act.

Allegation, as alleged against the petitioner is that he tried to commit rape and outraged the modesty of the daughter of the informant, namely, Amrita Kumari.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is

Patna High Court CR. MISC. No.21028 of 2021(2) dt.21-12-2021 2/2 further submitted that the petitioner is aged about 76 years and he has no criminal antecedent.

Learned counsel for the State opposes the prayer for bail and submits that there is sufficient material against the petitioner. Hence, it is not a fit case for anticipatory bail. Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

However, the petitioner is directed to surrender before the court below and file an application for regular bail on which the court below may pass necessary orders in accordance with law without being prejudiced by the present order. (Sunil Kumar Panwar, J) Jagdish/- U T