Pappu Kumar @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36595 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Pappu Kumar @ Raj Kumar Son Of Akshaybar Yadav @ Akshaybar Singh R/O- Vill- Bimwa , P.S.- Jagdishpur , Dist.-BHOJPUR ... ... Petitioner

Versus

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

For the Petitioner :

Ms/Mrs. Malti Kumari, Advocate For the Opposite Party :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in registered for the offences punishable under Sections 376/504/506/34 of the Indian Penal Code and section 8 of Protection of Children from Sexual Offences (POCSO) Act, 2012.

As per the prosecution case, on the pretext of marriage, this petitioner sexually exploited the informant. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that the victim is major as such no offence under section 8 of POCSO Act is made out against him. Allegation has not been supported by any medical evidence. It is also the case of the petitioner that the informant tried to forcibly marry his daughter with the petitioner and when the same was objected, instant

Patna High Court CR. MISC. No.36595 of 2022(2) dt.07-11-2022 2/2 false case has been filed.

Learned counsel for the State and the informant oppose the prayer for bail submitting that there is specific allegation against the petitioner that on the pretext of marriage, this petitioner established physical relation with the informant who is minor.

Considering the specific allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T