Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57650 of 2024 Arising Out of PS. Case No.-358 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Ajit Kumar Son of Dinesh Yadav R/V- VILLAGE- SAKHI BIGHA (KAJOOR) ALSO KNOWN AS SUKHE BIGHA, P.S.- ATRI, DISTT.- GAYA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Nibha Kumari D/O-Brahmanand Rajvanshi R/V- VILLAGE- SAKHI BIGHA (KAJOOR), P.S.- ATRI, DISTT.- GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in connection with Wazirganj P.S. Case No.358 of 2024, registered for the offence punishable under Sections 376, 34 of the Indian Penal Code and Sections 4, 8 and 12 of the POCSO Act.

3.

As per the FIR, the petitioner and one Pramod Kumar threatened the informant and also committed rape upon her. 4.

It is submitted by learned counsel for the petitioner that 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. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.57650 of 2024(3) dt.19-11-2024 2/2 omnibus in nature. Petitioner has no criminal antecedent. 5.

Learned APP for the State 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 statement of victim and 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 is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T