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Patna High CourtCR. MISC./252/2019dismissed

Vikash Kumar Mandal v. The State Of Bihar

2019-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.252 of 2019 Arising Out of PS. Case No.-346 Year-2018 Thana- FALKA District- Katihar ====================================================== Vikash Kumar Mandal son of Chhatish Mandal,R/O Khaira P.S. Falka (Pothia) District Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Falka (Pothia) P.S.Case No.346 of 2018 registered for offences punishable under Sections 341, 342, 323, 452, 354(B) of the Indian Penal Code and Section 12 of the POCSO Act. Allegation against the petitioner is that he entered inside the hosue and thrashed the informant on the ground of trying to commit rape upon her but the nearby people assembled as such he fled away. It also appears that due to panchayati, there was delay in lodging the FIR.

Submission of the learned counsel for the petitioner is that there is delay of 12 days in lodging the FIR and moreover the petitioner is neighbour and he has been falsely implicated in this case.

Patna High Court Cr.Misc. No.252 of 2019(3) dt.01-02-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of allegation and that too by a minor girl, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T