Badal Srivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56397 of 2018 Arising Out of PS. Case No.-461 Year-2017 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Badal Srivastav S/o Chhotan Prasad, R/o Vill.- Nazirpur, P.S.- Ahiyapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Ahiyapur P.S. Case No. 461/2017 registered under Sections 376/511 of the Indian Penal Code and Section 8 of the POCSO Act, pending in the court of Special Judge, Muzaffarpur.

Learned counsel for the petitioner at the outset informed this court that the plea of anticipatory bail of the other two accused in this case has already been rejected by learned coordinate Bench of this court. Learned counsel however submits that there is some distinction in case of this petitioner with that of those whose case has been rejected. On the other hand, learned A.P.P. for the State has

Patna High Court Cr.Misc. No.56397 of 2018(3) dt.21-01-2019 2/2 drawn attention towards the statements particularly paragraph22 of the case diary in which the victim girl has made specific allegation against this petitioner and the role played by him has been pointed out by her.

In the aforesaid circumstance, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected.

(Rajeev Ranjan Prasad, J) Rajeev/- U T