Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6871 of 2021 Arising Out of PS. Case No.-438 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== VIKASH KUMAR SINGH Late Lal Babu Singh Resident of Village- Gaora, P.S. Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Nachiketa Jha, learned Advocate for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sahebganj (Sahibganj) P.S. Case No. 438 of 2020 dated 17.08.2020 instituted for the offences under Sections 341, 342, 354(B) and 506 of the Indian Penal Code and Sections 3/4 of the POCSO Act.

The accusation against the petitioner is of making attempts at molesting the minor daughter of the informant.

Patna High Court CR. MISC. No.6871 of 2021(2) dt.14-12-2021 2/3 The learned counsel for the petitioner has submitted that there is a reason for falsely implicating the petitioner. There has been an old enmity between the respective families. Even the victim girl, in her statement under Section 164 Cr.P.C., has stated that apart from disrobing her, the petitioner did not do anything.

Learned counsel for the petitioner has further submitted that if there had been any intention of the petitioner to outrage the modesty of the victim girl, nothing had prevented him as according to the prosecution version, she had already been taken to a nearby bush.

Thus on this ground, he has urged that this is a case of false implication. There has been a delay of two days in the FIR seeing the light of the day.

Nonetheless, considering the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

Patna High Court CR. MISC. No.6871 of 2021(2) dt.14-12-2021 3/3 Accordingly, the prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, the grounds noted above shall be taken into account and an order shall be passed in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T