Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52890 of 2024 Arising Out of PS. Case No.-694 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Akash Kumar Son of Late Birendra Yadav @ Balindra Yadav R/VSERTHUA P.S.- MAKDUMPUR (TEHA O.P.), DISTT.- JEHANABAD ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X SON OF Y R/V- SERTHUA TOLA SALEMPUR, P.S.- KAKO (BHELWAR O.P.) DISTT.- JEHANABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar For the State :

Mr. Satya Nand Shukla For the Informant :

Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-09-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Makdumpur (Tehta O.P.) P.S. Case No.694 of 2023, registered for the offence punishable under Sections 366A, 34, 363, 365, 376, 376(3), 370(4), 372, 373, 120B of the Indian Penal Code, Section 4, 6, 8 of the POCSO Act, Section 8, 9 of Immoral Traffic Act and Section 9, 10 and 11 of Prohibition of Child Marriage Act.

3.

As per the FIR, the petitioner along with other co-accused kidnapped the minor daughter of informant and sexually assaulted her.

4.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.52890 of 2024(3) dt.21-09-2024 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) shikha/- U T