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Patna High CourtCR. MISC./29077/2020bail rejected

Manish Kumar v. The State Of Bihar

2020-12-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29077 of 2020 Arising Out of PS. Case No.-541 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== Manish Kumar, Son of Sri Ram Sewak Sharma, Resident of Village- Sabha Mahdaiya, Police Station- Sakara, District- Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Basant Kumar Tripathy, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 341, 354 (A) and 354 (B) of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

As per the prosecution case, this petitioner has tried to outrage the modesty and committed indecent assault on the informant.

It is submitted on behalf of the petitioner that petitioner is innocent and he has falsely been implicated in this case.

Learned counsel for the State, on the other hand, opposes the prayer for bail and submits that petitioner has tried to outrage the modesty and committed indecent assault on the informant (victim), which fact has also been supported by the

Patna High Court CR. MISC. No.29077 of 2020(2) dt.03-12-2020 2/2 victim in her statement under Section 164 Cr.P.C. In the facts and circumstances of the case and considering the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner.

Hence, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Ankit/- U T