Patna High CourtCR. MISC./23372/2018dismissed

Amit Kumar And ANR v. The State Of Bihar

2018-05-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23372 of 2018 Arising Out of PS.Case No. -388 Year- 2017 Thana -SONEPUR District- SARAN ======================================================

1. Amit Kumar, S/o Hari Nandan Rai,

2. Amit Kumar S/o Ajay Rai @ Ajay Kumari Rai, Both R/o Vill.- Rahar Diyara, P.S.- Sonepur, District- Saran at Chapra. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Sonepur P.S. Case No. 388 of 2017 registered for the offences punishable under Sections 376 D, 377, 354A, 354B, 120B of the Indian Penal Code and 3/4 of POCSO Act.

Allegation against the petitioners and other accused persons is of inducing the daughter of informant and taking her to a hotel and also taking naked video of her and making it viral. Submission of learned counsel for the petitioners is that in this case the main accused is Pawan Kumar, who has been granted bail by a Bench of this Court vide order dated dated 21.2.2018 passed in Cr.Misc.No. 4238 of 2018 (Annexure-3) and petitioners have falsely been implicated in this case.

Patna High Court Cr.Misc. No.23372 of 2018 (3) dt.01-05-2018 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides and in view of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioners.

However, if petitioners surrender and make prayer for regular bail, the same shall be considered on the basis of materials available on record, without being prejudiced by this order. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U