Pushkar Dubey @ Pushkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16761 of 2020 Arising Out of PS. Case No.-22 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== Pushkar Dubey @ Pushkar, Male, aged about 19 years, Son of Sunil Kumar Dubey, Resident of Sipaya, Sapahiya Khas, Sepaya, Kuchaikote, P.S.- Kuchaikote, Dist-Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar, Advocate For the State :

Mr.Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Shashtri Nagar P.S. Case No. 22 of 2020 registered for the offences punishable under Sections 354-A, 387, 504, 120(B)/34 of the Indian Penal Code.

The prosecution case, in short, is that the accusedpetitioner was the student of the same school studying in Class 12, whereas the daughter of the informant studied in Class 8. the accused-petitioner along with two unknown persons always used to torture her daughter in the school as well as on the way and was putting pressure on her to love him. He further used to call her daughter from his mobile without her daughter's will and even threatened her to put acid on her face as well as kill her family members.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and he is innocent and has committed no offence as alleged. He further

Patna High Court CR. MISC. No.16761 of 2020(5) dt.03-12-2020 2/2 submits that on bare perusal of the F.I.R., it would be evident that no case under Section 387 of the I.P.C. is made out as there is no allegation of extortion against the accused-petitioner. Learned counsel for the petitioner further submits that the petitioner is student of the Engineering College studied in Delhi. I have perused the record including the case diary. In the case diary, the prosecution witness has supported the prosecution story.

In 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 in connection with Shashtri Nagar P.S. Case No.22 of 2020 pending in the court of learned A.C.J.M.-IV, Patna, Bihar is hereby rejected. However, the petitioner is directed to surrender before the court below and the learned court below shall pass the order on the same day without being prejudiced by this order.

Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Nasimul/- U T