Vijay Kumar @ Vijay Kumar Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39160 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- PALI District- Jehanabad ====================================================== VIJAY KUMAR @ VIJAY KUMAR BIND Son of Kamlesh Bind Resident of village - Uttar Serthu, P.S.- Pali, District - Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh For the Opposite Party/s :
Mrs. Anita Kumari Mr. Uday Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in Pali P.S. Case No. 12 of 2023 registered for the offences punishable under Sections 363, 366A, 368, 370A, 372, 373, 376, 379 & 411/34 of the Indian Penal Code and under Sections 4, 6, 8 and 10 of POCSO Act.
3. The minor daughter of informant is said to have been eloped and could not be traced out.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent as
Patna High Court CR. MISC. No.39160 of 2023(4) dt.05-10-2023 2/2 mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that the considering the statement of the victim recorded under Section 164 Cr.P.C., the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case and the nature of the allegation, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T