Patna High CourtCR. MISC./33447/2023dismissed

Mohar Singh @ Gohar Singh v. The State Of Bihar

2023-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33447 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== MOHAR SINGH @ GOHAR SINGH Son of Late Ramchandra Singh Resident of Village - Bahadar, P.S.- Sasaram (M), District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sasaram (M) P.S. Case No. 15 of 2023 registered for the offences punishable under Section 354(B)/341 of the Indian Penal Code and Sections 8/12 of the POCSO Act pending in the Court of learned Additional Sessions Judge-VI-cum Exclusive Special Court, POCSO, Rohtas at Sasaram.

3. As per FIR allegation against the petitioner is that he tried to outrage the modesty of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.33447 of 2023(2) dt.24-07-2023 2/2 specific rather general and omnibus in nature. He submits that there is case and counter case between the parties. The petitioner has got no criminal antecedent as mentioned in para3 of the bail application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the victim in her statement under Section 164 of the Cr.P.C. has supported the prosecution case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, statement of the victim under Section 164 of the Cr.P.C. and the fact that the victim is minor, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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