Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18924 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- BUDHUCHAK District- Bhagalpur ====================================================== Sajan Kumar S/o Chamak Lal Mandal R/o Naya Nagar Rani Diyara, P.S. - Budhhuchak, Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-04-2024 Heard Mr. Dr. Manoj Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 365, 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. Petitioner is said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness of the occurrence. No independent witnesses have supported the prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer

Patna High Court CR. MISC. No.18924 of 2024(2) dt.02-04-2024 2/2 for bail submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.

6. Considering the facts and circumstances of the case and the fact that the victim is the minor girl, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Budhhuchak P.S. Case No. 109 of 2023.

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