Banti Paswan @ Deepak Kumar @ Banti Pasvan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35658 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Banti Paswan @ Deepak Kumar @ Banti Pasvan Son of Ramnarayan Paswan @ Vinod Paswan Resident of Village - Hardiya Daraul, P.S.- Matiyariya, District - West Champaran.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dinesh Singh Son of Late Deva Singh Resident of Village - Kutti Katiya P.S.- Lauriya, District - West Champaran.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341 and 354/34 of the Indian Penal Code, Section 8 of the POCSO Act as well as Section 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case based on the confessional statement of Rajesh Kumar in police custody which does not have any evidentiary value in the eye of law.
4. Learned A.P.P. submits that though petitioner was
Patna High Court CR. MISC. No.35658 of 2024(3) dt.26-07-2024 2/2 not apprehended from the place of occurrence but then allegation in the FIR is that two persons were trying to act inappropriately with the girl students who were going to school and when the girl student complained to the Principal one person was caught who was in drunken condition and he disclosed the name of the petitioner as such learned A.P.P. submits that in such offences anticipatory bail may not be granted liberally.
5. At this stage, learned counsel for the petitioner seeks permission to withdraw this application for grant of anticipatory bail.
6. Permission is accorded.
7. Accordingly, this application for grant of anticipatory bail on behalf of the petitioner is dismissed as withdrawn in connection with Lauriya P.S. Case No. 22 of 2024 pending in the Court of learned Additional Sessions Judge-VIIcum-Special Judge (POCSO Court), West Champaran, Bettiah/Successor Court.
(Satyavrat Verma, J) Kundan/- U T