Pawan Rishidev @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51082 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- INDUSTRIAL District- Bhagalpur ====================================================== PAWAN RISHIDEV @ PAWAN KUMAR S/o MUNNI RISHIDEV @ MUNNI RISHI R/o VILLAGE-NAYA TOLA, MIRACHAK, P.SINDUSTRIAL AREA, DISTRICT-BHAGALPUR. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha Mr. Purshottam Kumar Das Ms. Rani Swati For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Industrial P.S. Case No. 99 of 2020, registered for the offences punishable under Sections 354 (A), 354 (B), 506, 34 of the Indian Penal Code and Section 8 of POCSO Act.

The informant is a minor girl. As per allegation, when she was working in her field three named accused persons including the present petitioner attempted to commit rape upon her and on raising alarm they fled away.

Learned counsel for the petitioner has submitted that the

Patna High Court CR. MISC. No.51082 of 2021(3) dt.29-08-2022 2/2 petitioner is innocent and has falsely been implicated in this case. There is allegation against the petitioner that when the informant was plucking vegetables in her field the petitioner along with co-accused Kapil Deo Kumar and Bambam Kumar overpowered her and attempted to commit rape upon her. As such, the petitioner is not entitled for the privilege of anticipatory bail. Accordingly, it is rejected.

If the petitioner surrenders before the court below and makes a prayer for regular bail, it shall be disposed of on its own merit without being prejudiced by this order. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T