Ranjit Kumar @ Ranjit Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35799 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== Ranjit Kumar @ Ranjit Choudhary SON OF Naresh Choudhary @ Naresh Chaudhary R/O VILLAGE- Miyanbigha at Bara Bigha, P.S Sheikhopur Sarai, Dist. Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Roop Kishan, Advocate For the State :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-07-2024 Heard Mr. Roop Kishan, learned counsel for the petitioner and Mr. Surendra Prasad Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sheikhopursarai P.S. Case No. 233 of 2023, F.I.R. dated 12.12.2023 for the offences punishable under Sections 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. According to prosecution case, petitioner along with other co-accused person has enticed the daughter of the informant and disappeared her.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.35799 of 2024(3) dt.31-07-2024 2/2 allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that it appears from the FIR that the present FIR has been instituted after a delay of three days without giving any explanation for the delay.

5. Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 161 Cr.P.C. in which she has categorically stated that the petitioner has kidnapped her apart from that on the date of the occurrence the victim was minor.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Sheikhopursarai P.S. Case No. 233 of 2023 pending in the court of Additional District & Sessions Judge, VI, Sheikhpura.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T