Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59158 of 2018 Arising Out of PS.Case No. -89 Year- 2016 Thana -SANJHOLI District- SASARAM (ROHTAS) ======================================================

1. Mithilesh Kumar S/o Shri Bishnudeo Paswan, R/o Vill.- Rupaich, P.S.- Mehadiya, District- Arawal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dineshwar Pandey, Advocate For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with POCSO Case No.60 of 2017, arising out of Sanjhauli P.S. Case No.89 of 2016, registered for the offences punishable under Section 365/34 of the Indian Penal Code. Later on offence under Sections 363/376/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

According to FIR, offence alleged is kidnapping of a minor girl. On recovery the victim in her statement under Section 164 Cr.P.C. stated that she was in captivity in Sasaram Railway Station in custody of one Sunil Sah. Sunil Sah called a boy, who committed rape against her. Though petitioner is not named in the FIR.

Patna High Court Cr.Misc. No.59158 of 2018 (4) dt.06-11-2018 P2/ However, identification of the petitioner and interrogation would be necessary in the investigation of the case. Hence, in my view, this is not a fit case for grant of anticipatory bail. Accordingly, the prayer for anticipatory bail is refused.

(Birendra Kumar, J) Mkr./- U T