Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40150 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- BELDOUR District- Khagaria ====================================================== Sunil Kumar, male, aged about 35 years, S/o Phulen Singh, R/o villagePansalwa, P.S.- Beldaura, Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

Mr. Amitabh Sohan, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-07-2021 Heard Mr. Manoj Kumar, the learned Advocate for the petitioner and Mr. Ajay Kumar Jha, the learned Addl. Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Beldaur P.S. Case No. 29 of 2020, dated 21.02.2020, instituted for the offences under Sections 341, 354(B), 504 and 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.40150 of 2020(4) dt.12-07-2021 2/3 It has been alleged in the F.I.R. that the victim, who is the daughter of the informant and is aged about twelve years, was attempted to be molested by the petitioner. The occurrence took place when the victim was coming back from tuition early in the morning. Mr. Manoj Kumar, the learned Advocate for the petitioner has submitted that the narration in the F.I.R. is absolutely doubtful in as much as it is not probable that a twelve year old girl will go for tuition so early in the morning in winter months.

This cannot at all be the reason for doubting the accusation made in the F.I.R.

Regard being had to the nature of allegation against the petitioner, I am not inclined to grant him anticipatory bail.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the

Patna High Court CR. MISC. No.40150 of 2020(4) dt.12-07-2021 3/3 fact that the present anticipatory bail application has not been entertained by this Court.

The application stands dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T