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Patna High CourtCR. MISC./40793/2022dismissed

Ajay Manjhi @ Ajay Kumar v. The State Of Bihar

2022-11-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40793 of 2022 Arising Out of PS. Case No.-232 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== AJAY MANJHI @ AJAY KUMAR Son of Bineshwar Manjhi Resident of village- Bariyo, P.S- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 376, 511 of IPC and section 8/12 of POCSO Act.

Allegedly, the petitioner tried to outrage the modesty of the daughter of informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.40793 of 2022(2) dt.24-11-2022 2/2 omnibus in nature. He further submits that there is a contradiction between the statement of victim recorded u/s 164 Cr.PC and the FIR. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the victim in her statement recorded u/s 164 Cr.P.C has supported the prosecution case. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner named above on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is rejected.

This instant application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T