Kumod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44120 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- FALKA District- Katihar ====================================================== Kumod Singh, Age-23 years, Male, S/O- Vakil Singh, R/o- Kalisinghiya, P.S.- Falka, District - Katihar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code and Section 8 of the POCSO Act registered in connection with Falka P.S. Case No. 41 of 2019.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of petty dispute and there is case and counter case between the informant and the petitioner's father having lodged an FIR in Falka P.S. Case No. 42 of 2019 on the same day. There is delay of two days in instituting the FIR on 08.02.2019 for the alleged occurrence of 06.02.2019. The petitioner claims clean antecedents.

4. Learned APP, on the other hand, opposes the petition inviting reference to the order of learned 1st Additional Sessions Judge-cum-Special Judge, Katihar dated 11.06.2019 passed in ABP No. 47 of 2019 taking note that the victim has supported the prosecution story in her deposition recorded under Section 164 of the Cr.P.C.

Patna High Court CR. MISC. No.44120 of 2019(2) dt.18-07-2019 2/2

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) BT/- U T