Mohit Singh @ Mohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 53066 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- KUTUMBA District- Aurangabad ====================================================== Mohit Singh @ Mohit Kumar S/o- Ashok Singh @ Ashok Kumar Singh Village Po Ps- Kutumba Dist- Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anita Devi wife of Late Sumit Paswan Village Po Ps- Kutumba DistAurangabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Kutumba P.S. Case No. 98 of 2024 registered for the offence punishable u/s 354 of the IPC and Section 8 of the POCSO Act.
3. As per the FIR, the allegation against the petitioner is to tease the minor daughter of the informant.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case due to previous enmity. Learned counsel for the petitioner further
Patna High Court CR. MISC. No. 53066 of 2024(2) dt.28-08-2024 2/2 submits that the statement of the victim girl was recorded under Section 164 of the Cr.P.C. in which she has not supported the prosecution case. The petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence he does not deserve anticipatory bail.
6. Considering the facts and circumstances of the case as well as the fact that the victim is minor, I am not inclined to enlarge the petitioner on bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) kiran/- U T