Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12440 of 2023 Arising Out of PS. Case No.-755 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== MANISH KUMAR Son of Dhurendra Rai R/v- Chotami, P.S.- Doriganj, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Muffasil (Saran) P.S. Case No.755 of 2022, registered for the offence punishable under Sections 7/8 of the POCSO Act 2012. The allegation against the petitioner is that he alongwith other accused persons tried to sexually assault the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 levelled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness in the present case. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for
Patna High Court CR. MISC. No.12440 of 2023(2) dt.28-04-2023 2/2 anticipatory bail.
Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law, considering the fact that one of the co-accused has been granted regular bail by the learned Court below itself.
(Anjani Kumar Sharan, J) shikha/- U T