Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35452 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== ABHISHEK KUMAR Son of Sri Ashok Kumar @ Ashok Rai Resident of village- Narayanpur, Derhpura, P.S.- Mahnar, District- Vaishali, Bihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kaushal Kishore & Mr. Hemant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-09-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Mahnar P.S. Case No. 73 of 2019 registered for the offence punishable under sections 376(D)(A), 120B/34 of the Indian Penal Code and Sections 4, 6, 8, 10, 12, 17 of the POCSO Act. Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case due to dirty village politics. Petitioner has not committed any offence as alleged in the first information report. Petitioner has no criminal antecedent and is in custody since 09.03.2019.

Learned Addl. P.P. appearing for the State and

Patna High Court CR. MISC. No.35452 of 2019(5) dt.11-09-2019 2/2 the learned counsel appearing for the informant submit that petitioner is named accused in the first information report and there is direct allegation against him of forcibly making physical relation with the informant, who is a minor girl, and also of threatening her.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T