Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.952 of 2022 Arising Out of PS. Case No.-105 Year-2020 Thana- GURARU District- Gaya ====================================================== SHAILESH KUMAR Son of Mukesh Yadav Resident of Village - Gudaru, P.O. and P.S. - Guraru, District - Gaya.

... ... Appellant/s

Versus

1.

THE STATE OF BIHAR 2.

Lakshmi Kumari Binda Paswan Village-Gudaru, P.O. and P.S.-Guraru, District-Gaya ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-10-2022 The learned counsel for the appellant is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the appellant as well as the learned Special Public Prosecutor for the State. The appellant apprehends his arrest in connection with Guraru P.S. Case No. 105 of 2020 registered for punishable under Sections 8, 12 of the POCSO Act and Sections 147, 149, 323, 341, 504, 506, 354 of the Indian Penal Code as well as Sections 3(1) (r) (s) of SC/ST Act.

The informant is a fourteen-year-old girl. She was going for her tuition. On 06.09.2020 at 06:30 A.M. in the morning, the

Patna High Court CR. APP (SJ) No.952 of 2022(4) dt.10-10-2022 2/3 appellant along with co-accused Mukesh Yadav, Bihari Kumar, Ranjan Kumar and Ajeet Kumar was consuming Ganja in their village. The accused persons, including the appellant inflicted remarks when the girl was passing through the way and they also started teasing her.

As per allegation, the accused persons usually teased her in way to tuition, but she was unable to protest, having no option, she conveyed information to her parents and when her parents complained about the incidence to the family members of the accused persons, the accused persons named in the FIR, including the appellant badly assaulted the family members of the informant and they also abused them by calling their caste name. Her uncle sustained head injuries.

The learned counsel for the appellant has submitted that the appellant is innocent and has falsely been implicated in this case.

On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that the accused persons, including the appellant were teasing the minor girl and on protest, her family members were badly assaulted at the hands of the accused persons, including the present appellant. The accused persons, including the appellant misbehaved

Patna High Court CR. APP (SJ) No.952 of 2022(4) dt.10-10-2022 3/3 and teased a fourteen-year-old girl belonging to Scheduled Castes/Scheduled Tribes when she was going to attend her tuition and when her family members protested, the accused persons badly assaulted them.

In my view, it is not a fit case for anticipatory bail. Accordingly, it is rejected.

Office shall ensure that all defects are moved by the appellant within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Nirmal/Mahesh U T