Om Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29471 of 2023 Arising Out of PS. Case No.-299 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== Om Prakash Kumar S/O Dina Yadav R/O Village- Nawada, P.S- Dulhin Bazar, Distt.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 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, 354B and 34 of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

As per FIR, when the informant was returning back home, on the way near high school, the petitioner along with other accused person intercepted her and forcibly tried to kidnap her but when she raised alarm then all of them fled away from there.

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 specific overt act against the petitioner. He submits that occurrence took place on 15.11.2022

Patna High Court CR. MISC. No.29471 of 2023(2) dt.13-07-2023 2/2 but the statement of the victim has been recorded on 17.01.2023 after delay of 3 months. He submits that the petitioner was candidate in the Panchayat election. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dulhin Bazar P.S. Case No. 299 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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