Budhlal Das @ Baudhu Das @ Budhlala Das @ Budhlal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6692 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== Budhlal Das @ Baudhu Das @ Budhlala Das @ Budhlal Kumar Son Of Jalo Ravidas Alias Jalo Ram Resident Of Village - Dumrawan, Police Station - Wazirganj, District - Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Wazirganj P.S. Case no. 281 of 2020 instituted for the offence under Sections 448, 341, 323, 354-B of the Indian Penal Code and Section 8 of POCSO Act.

Allegation against the petitioner is of outraging the modesty of the victim, who is a minor girl aged about 16 years. She has supported the prosecution story in her statement

Patna High Court CR. MISC. No.6692 of 2021(2) dt.06-12-2021 2/2 recorded under Section 164 Cr.P.C. .

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. In fact, there is love affair between the petitioner and the informant.

Learned APP appearing for the State has submitted that this is not a fit case for granting anticipatory bail. Having heard learned counsel for the parties and considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner and, as such, his application for anticipatory bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below considering the statement of the victim girl recorded under Section 164 Cr.P.C.

(Sunil Kumar Panwar, J) ravishankar/- U