Nirahua Kumar @ Dheeraj Kumar @ Dheeraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58021 of 2021 Arising Out of PS. Case No.-129 Year-2019 Thana- MANER District- Patna ====================================================== NIRAHUA KUMAR @ DHEERAJ KUMAR @ DHEERAJ S/O- Devsahay Singh @ Dev Sahay Rai, Resident of Village - Mohanpur, P.S. - Maner, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhimanyu Deo For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Maner P.S. Case No. 129/2019 registered for offence punishable under sections 341, 354(B), 504, 506 & 34 of the Indian Penal Code and section 8/12 of the POCSO Act. The informant Ramesh Kumar Singh made allegation that when his daughter was going to attend the coaching classes, five named accused persons, including the present petitioner, were torturing her and they threatened her to kill had she reported the matter to her parents.
Patna High Court CR. MISC. No.58021 of 2021(2) dt.05-07-2022 2/2 The learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in this case.
The impugned order shows itself that the victim, in her statement under Section 164 of the Code of Criminal Procedure, has corroborated the entire occurrence and the case has also been lodged under Sections 8 and 12 of the POCSO Act. On similar footing, anticipatory bail petition of co-accused Raushan Kumar has been rejected by the co-ordinate Bench in Criminal Miscellaneous No. 30491/2022.
Considering the above-mentioned facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner and accordingly his prayer for anticipatory bail is rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) Mahesh/Aditi U T