Mahendra Pandit @ Mahendra Prasad Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42787 of 2024 Arising Out of PS. Case No.-230 Year-2022 Thana- BELHAR District- Banka ====================================================== Ramvilash Kol Son Of Giraja Kol Resident Of Vill- Bagdasava Tola, Teliakumri, P.S.- Belhar, District- Banka.

... ... Petitioner/s

Versus

1.

The State Of Bihar Patna 2.

Julmi Kumara D/O- Pappu Kol Resident Of Vill- Bafdasava, P.S.- Belhar, District- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP For the Informant :

Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-10-2024 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner, Mr. Pankaj Kumar, learned counsel for the informant and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Belhar P.S. Case No. 230 of 2022, F.I.R. dated 16.06.2022 for the offences punishable under Sections 363 and 341, 323, 354(B), 504 and 506 of the Indian Penal Code and Section 8 of the POCSO Act.

3. According to prosecution case, petitioner is said to have outrage the modesty of the informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.42787 of 2024(4) dt.26-10-2024 2/2 implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He further submits that due to admitted land dispute the petitioner has falsely been implicated in the present case.

5. Learned counsel for the informant as well as learned Additional Public Prosecutor for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner and submit that statement of victim was recorded under Section 164 Cr.P.C. in which she has fully supported the case of the prosecution.

6. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Belhar P.S. Case No. 230 of 2022 pending in the court of learned Additional Sessions Judge-6, Banka Cum Special Court POCSO, Banka.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T