Vinay Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3152 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -DANIYAWA District- PATNA ======================================================
1. Vinay Kumar Paswan, S/o Late Moti Paswan, R/o Village- Arai Mustaffarpur, P.S.- Daniawan, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar No.1, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Daniyawan P.S. Case No.45 of 2017 instituted for the offence under Section(s) 341, 354, 376, 511, 504/34 Indian Penal Code and Section 8 of the POCSO Act pending in the Court of the 1st Additional Sessions Judge, Patna.
It is alleged in the written report that both the informants/victims had gone to attend call of nature then this petitioner and one Ashok Paswan surrounded them and opened their paint and caught hold the informants/victims and tried to outrage their modesty. Both the sisters cried, then accused persons abused them and said that on 19.02.2016 you were saved, but no one would save you today.
Patna High Court Cr.Misc. No.3152 of 2018 (3) dt.09-03-2018 2/2 Statement of the both the victims have been recorded under section 164 Cr. P.C., which is available in the case diary, wherein, both the victims have levelled specific allegation against the petitioner of committing indecent act with them by opening the paint and also attempted to outrage their modesty.
Learned Magistrate has assessed the age of both the victims as 14 and 17 years respectively.
In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioner for grant of anticipatory bail is rejected.
Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law without being prejudiced by this order. (Sanjay Priya, J) JA/- U T