Golu Poddar @ Ramanand Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50890 of 2022 Arising Out of PS. Case No.-2638 Year-2019 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Golu Poddar @ Ramanand Poddar Son Of Late Mangani Poddar R/O VillageMakhdampur, P.S.- Korha, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi Wife Of Late Sudhir Tatma R/O Village- Makhdampur, P.S.- Korha, District- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with C.A. Case No.2638 of 2019 instituted under Sections 323,376,379 of the Indian Penal Code and Section 4 of POCSO Act.

As per the FIR, the informant has alleged that the petitioner, Golu Poddar tried to commit rape upon his minor daughter, later allegation is of abusing and taking away gold chain.

Learned counsel for the petitioner submits that entire family members have been roped in the case. Learned counsel for the petitioner also submits that earlier the mother of the

Patna High Court CR. MISC. No.50890 of 2022(2) dt.11-01-2023 2/2 victim girl had also lodged case against the father of the petitioner, in which the final form has been submitted stating the case to be false.

Learned APP on the other hand submits that so far as this petitioner is concerned, there is direct allegation of trying to commit rape upon a minor girl and thus he does not deserve anticipatory bail.

Taking into account the kind of allegation that has come in the present petition as also the fact that the petitioner chose to delay the process, the matter being of 2019, this Court is not inclined to grant him relief and this petition stands rejected.

If the petitioner surrenders within four weeks from today before the concerned court, the court shall into account all the factors including the document relating to the final form that has been submitted by the police vis-a-vis the petitioner's father and disposed it of expeditiously.

(Rajiv Roy, J) Prakash Narayan /- U T