Patna High CourtCR. MISC./31791/2016dismissed

Abhay Kumar And ORS v. The State Of Bihar

2016-08-24Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31791 of 2016 Arising Out of PS.Case No. -33 Year- 2016 Thana -MAHILA PS District- BUXAR ======================================================

1. Abhay Kumar,

2. Binay Kumar @ Vijay Kumar Both sons of Sri Babu Dhan Paswan

3. Raj Kishore Paswan @ Babu Dhan Paswan

4. Nawal Kishore Paswan Both sons of Late Kedar Nath Paswan All residents of Village- Mallah Chakia, Police Station Buxar Mufassil in the district of Buxar.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 24-08-2016 Heard Sri Akhileshwar Prasad Singh, learned Senior Counsel, who was assisted by Sri Bimal Kumar, learned counsel for the petitioners and Sri Ram Naresh Ray, learned Addl.Public Prosecutor.

Four petitioners, who are named as accused in Buxar Mahila P.S. Case No.33/2016 registered for the offence under Sections 341, 323, 504, 506, 354A(II)/34 of the Indian Penal Code and Section 8 of the POCSO Act, 2012, have prayed for grant of anticipatory bail.

Learned counsel for the petitioners, by way of referring to F.I.R.as well as statement of the mother of the victim

Patna High Court Cr.Misc. No.31791 of 2016 (2) dt.24-08-2016 2/2 recorded under Section 164 of the Code of Criminal Procedure in a different case, tried to persuade the Court that petitioners have falsely been implicated in the present case. He has further argued, by way of referring to the statement made in paragraph10 of the present petition, that the victim was not medically examined, whereas on perusal of the F.I.R., the Court is satisfied that it is not a fit case for extending the privilege of anticipatory bail to the petitioners.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T