Patna High CourtCR. MISC./35214/2024rejected

Sanny Kumar v. The State Of Bihar

2024-08-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35214 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- MANER District- Patna ====================================================== Sanny Kumar son of Dharamnath Kumar R/v - Chitanawan, P. S - Maner, Distt. -Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Sujata Sinha, Advocate For the Opposite Party/s :

Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case under Sections 323, 341, 354, 504 and 506/34 of the Indian Penal Code, 3/7 of the POCSO Act and 3(i)(r)(s)(w) of the SC/ST Act.

3. As per allegation in the FIR, four named accused persons and ten unknown persons grabbed the informant's hand and attempted to take her to the river bank and they tried to inappropriately touch her on her private parts and used abusive language based on caste.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and there is general and omnibus allegation against all accused persons. Pe-

Patna High Court CR. MISC. No.35214 of 2024(4) dt.05-08-2024 2/2 titioner has got no criminal antecedent as stated in para-3 of the petition and he is in custody since 03.02.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary and statement recorded under section 164 of the Cr.P.C. and impugned order dated 28.03.2024, it appears that the victim is a minor and in her statement recorded under section 164 of the Cr.P.C. has supported the prosecution story and she stated that the petitioner and other co-accused persons used to tease her earlier also and witnesses have supported the prosecution story in the case diary and he tried to take her to the river bank to molest her.

7. Considering the facts and circumstances of the case and nature of the offence, I am not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) saurabhkr/- U T