Manish Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33427 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -NAWAKOTHI District- BEGUSARAI ====================================================== Manish Jha, S/o Ramayan Jha, R/o Vill.- Hashanpur Bagar, P.S.- Nawkothi, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Nawkothi P.S. Case No.118 of 2017 instituted for the offence under Sections 366(A), 376/34 of the Indian Penal Code and Section 3/4 of POCSO Act pending in the Court of Additional Sessions Judge-I, Begusarai.

In the written report it is alleged that the informant was going to Nawkothi High School for depositing her Aadhar and identity cards and when she reached near Bandh, the petitioner who was her tutor stopped his motorcycle and told the informant to sit thereon with assurance to drop her in the school. She sat on the Motorcycle and then the petitioner took her to another route. It is further alleged that one person came and sat closely behind her on the bike closed her mouth. She was

Patna High Court Cr.Misc. No.33427 of 2018 (3) dt.30-07-2018 2/2 threatened to kill if she would tell anyone in this regard. She could not identify another man. Thereafter, the petitioner brought her to Sarvoday Nagar, Diara, in the house of his Mausi and committed illegal act with her. When she raised objection, he used to assault her and forcibly put vermilion (Sindur) on her head. Case diary has been received.

Learned A.P.P. after looking into the case diary has submitted that victim girl in her further statement made in paragraph-4 of the case diary has supported the case and levelled specific allegation against the petitioner of kidnapping and committing illegal act with her for five months after confining her in the house. The statement of victim girl has also been recorded under Section 164 Cr. P.C. wherein she has levelled specific allegation against the petitioner of kidnapping and committing illegal act with her after confining in the house. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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