Patna High CourtCR. MISC./51721/2016dismissed

Vikram Kumar v. The State Of Bihar

2017-01-10Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.51721 of 2016 (3) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51721 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Vikram Kumar Son of Chutni Mahto @ Mahavir Mahto resident of Mohalla- Juran Chapra Road No.- 4, Dera Gaon, P.S.- Brahampura, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The application is for grant of anticipatory bail for the offence under Sections 341, 323, 447, 354, 379, 504/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that from perusal of the FIR, it appears that the allegation is made out against the petitioner under Sections 354 and other various Sectiona of the Indian Penal Code as well as Section 8/12 of Prevention of Children from Sexual Offences Act (POCSO). It has further been submitted that the co-accused has

Patna High Court Cr.Misc. No.51721 of 2016 (3) dt.10-01-2017 been granted bail by this Hon'ble Court vide order dated 13.12.2016 passed in Cr. Misc. No.47320 of 2016. Heard learned A.P.P. also, who has submitted that there is direct allegation against the petitioner in the FIR itself, whereas the case of the co-accused, who has been granted bail by this Court, is not similar.

Having heard both sides. In view of the facts as stated above, I am not inclined to grant anticipatory bail to the petitioner, let the petitioner surrender before the court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U