Patna High CourtCR. MISC./23950/2023dismissed

Vishal Sharma v. The State Of Bihar

2023-07-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23950 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- AANDAR District- Siwan ====================================================== Vishal Sharma Son Of Mahesh Sharma R/O Village- Usari Bujurg, P.S.- Andar (M.H. Nagar), District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 325, 34 of the Indian Penal Code and Sections 8/12 of the POCSO Act.

Petitioner is said to have dragged the victim to a dark place and tried to do wrong act with informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of political rivalry. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He further submits that petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.23950 of 2023(2) dt.04-07-2023 2/2 stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Andar (M.H. Nagar) P.S. Case No. 223 of 2022.

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