Ramesh Paswan @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40269 of 2024 Arising Out of PS. Case No.-1 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== Ramesh Paswan @ Ramesh Kumar Son of Bishun Paswan Resident of Bishunpur, P.S.- Mahnar, Dist.- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravi Paswan Son of Dukhan Paswan Resident of Village - Bishunpur, P.S.- Mahnar, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Rakesh Bihari Singh, Advocate For the State :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code and Sections 8 and 12 of the POCSO Act.

3. As per prosecution case, this petitioner, along with co-accused Ravi Paswan and Ram Kishun Paswan, kidnapped the minor daughter of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that this case has been planted by the informant to harass this petitioner. Petitioner claims clean antecedents.

Patna High Court CR. MISC. No.40269 of 2024(3) dt.14-08-2024 2/2

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that the victim in her statement recorded under Section 164 of Cr.P.C. has categorically stated that this petitioner and other accused persons kidnapped her and confined her in a room. Moreover, the age of victim is 14 years old.

6. Considering the aforesaid facts and circumstances, nature of accusation and statement of victim recorded under Section 164 Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T