Anuj Kumar @ Anuj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51676 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- SIRDALA District- Nawada ====================================================== ANUJ KUMAR @ ANUJ YADAV S/o Sanjay Prasad Resident of VillageJurvarkurha, P.S.- Sirdala, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan Prasad No. 1 For the Opposite Party/s :
Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 354(A), 354(B), 376, 511,504, 506 and 34 of the Indian Penal Code and Section 8 of the POCSO Act & Section 3(2)(v) of the SC/ST Act pending in the Court of learned Court below.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that statement of the victim was recorded
Patna High Court CR. MISC. No.51676 of 2022(2) dt.13-12-2022 2/2 under Section 164 Cr.P.C in which she was not supported the prosecution case. He submits that it has also come during course of investigation that the petitioner is mentally disturbed/upset. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.
Per contra, learned APP for the State vehemently opposing the bail petition submitted that the petitioner is named in the F.I.R., hence he does not deserve anticipatory bail. Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Sirdala P.S. Case No.64/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J) ajay/- U T