Bintu Kumar @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40701 of 2018 Arising Out of PS.Case No. -103 Year- 2018 Thana -GARDANIBAGH District- PATNA ======================================================
1. Bintu Kumar @ Bittu Kumar, son of Buraha Chaudhary @ Nand Kishore Chaudhary, resident of Mohalla- Paharpur, Near Devi Asthan, P.S. Gardanibagh, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sadanand Paswan, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Gardanibagh P.S. Case No.103 of 2018 instituted for the offence under Section(s) 354-A Indian Penal Code and Section 8, 12 of the POCSO Act pending in the Court of the 1st Additional Sessions Judge-cum-Special Judge, Patna.
It is alleged in the written report that daughter of the informant had gone to purchase ice cream from the shop of the petitioner. He took minor daughter of the informant in the back side of the shop and committed illegal act with intention to outrage modesty of daughter of the informant. Statement of the victim girl has been recorded under Section 164 Cr. P. C., which is enclosed as Annexure-3, wherein
Patna High Court Cr.Misc. No.40701 of 2018 (2) dt.11-07-2018 2/2 age of the victim has been mentioned as 9 years. She has levelled specific allegation against the petitioner that he put his finger in her private part. Earlier also, he had done same thing. In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T