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Patna High CourtCR. MISC./42338/2018rejected

Pappu Paswan v. The State Of Bihar

2018-07-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42338 of 2018 ======================================================

1. Pappu Paswan, Son of Suresh Paswan, resident of Village- Bhakhra, P.S.- Masaurhi, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2018 Heard both sides.

The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No.199/2018 registered under section 8/12 of the Protection of Children from Sexual offence (POCSO) Act, 2012.

The victim herself alleged that the petitioner used to stake her while she was going for coaching. On 02.04.2018 while she was returning her house after coaching, the petitioner came on a motorcycle and stopped the motorcycle in front of the bicycle of the victim. The victim fell down on the ground. Thereafter the petitioner is alleged to have made an attempt to outrage her modesty.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.42338 of 2018 (2) dt.19-07-2018 2/2 petitioner and the victim are studying in the same college and on account of some dispute, while they were returning, some quarrel took place. The victim lodged the case making false and frivolous allegation but from perusal of the F.I.R. itself, it appears that the victim alleged that the petitioner used to stop her while she was on way to her coaching and on the date of occurrence the petitioner made an attempt to outrage her modesty.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Amit/- U T