Bhim Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47103 of 2023 Arising Out of PS. Case No.-143 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== Bhim Kumar S/O Arun Paswan R/O Village- Ghuriya, P.S- Mali, Distt.- Aurangabad, Bihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhaneshwar Prasad Gupta For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 341, 325, 354A, 379, 504 of the Indian Penal Code and Section 8 of the POCSO Act.
3. Petitioner is said to have tried to outrage the modesty of the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 05.04.2023 but the FIR has been lodged on 07.04.2023 without explaining any reasonable cause of delay. He submits that there is no eye witness of the occurrence. He submits that there is case and counter case between the parties. He further submits that
Patna High Court CR. MISC. No.47103 of 2023(3) dt.20-09-2023 2/2 petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposing the prayer for bail submits that the victim has also supported the prosecution case in her statement recorder under Section 164 Cr.P.C.
6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Mufassil P.S. Case No. 143 of 2023. (Anjani Kumar Sharan, J) devendra/- U T