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Patna High CourtCR. APP (SJ)/3984/2018dismissed

Ranjan Kumar v. The State Of Bihar

2019-01-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3984 of 2018 Arising Out of PS. Case No.-113 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ranjan Kumar Son of Bhushan Prasad Singh @ Bhushan Singh, resident of Village- Fatehpur, P.S.- Musrigharari, Distt.- Samastipur. ... ... Appellant

Versus

The State Of Bihar ... ... Respondent ====================================================== Appearance :

For the Appellant/s :

Mr.Mukesh Kumar No-1, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-01-2019 This appeal is for grant of pre-arrest bail to the appellant against the order dated 12.9.2018 passed by Additional Sessions Judge-I, Samastipur in ABP No. 1978 of 2018 by which learned Sessions Judge has rejected prayer for pre-arrest bail of the appellant, who has been made accused in Musarigharari P.S.Case No. 113 of 2018 registered under Sections 363, 354B/34 of the Indian Penal Code and Section 3(1)(r)(s)(w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, including Section 8 of POCSO Act.

Allegation against the accused persons, including the appellant is of lifting daughter of the informant in a vehicle and on alarm they have left her after some time and victim has supported the allegation in her statement recorded under Section 164 Cr.P.C.

Submission of learned counsel for the appellant is that there is general and omnibus allegation and nothing specific has been attributed against the appellant and there is six days delay in recording statement of victim.

Patna High Court CR. APP (SJ) No.3984 of 2018 dt.22-01-2019 2/2 Heard learned Special P.P. and learned counsel for the informant, who has opposed the pre-arrest bail of the appellant stating that the girl has supported the prosecution case in her statement under Section 164 Cr.P.C. Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the appellant, rather appellant to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the aforesaid observation, this appeal is dismissed. (Vinod Kumar Sinha, J) spal/- AFR/NAFR CAV DATE Uploading Date Transmission Date