Patna High CourtCR. MISC./56332/2023dismissed

Binod Kumar @ Vinod Kumar v. The State Of Bihar

2023-09-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56332 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- RAJAON District- Banka ====================================================== Binod Kumar @ Vinod Kumar S/O Late Kailash Prasad Singh R/O VillageRampur, P.S.- Rajoun, Dist.- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Adv For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the Informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 366A/34 of the Indian Penal Code and section 4 of the POCSO Act.

3. Allegation against the petitioner is that petitioner and other co-accused kidnapped the victim minor girl.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that no specific overt act has been attributed against the petitioner. The allegation against the co-accused Pawan Kumar, who kidnapped the victim girl. The statement of victim girl was recorded under section 164 of the Cr.P.C in

Patna High Court CR. MISC. No.56332 of 2023(2) dt.15-09-2023 2/2 which she has stated that she went with Binod Kumar at his house and stayed there all night and returned back to her home in the morning. In the impugned order, it is mentioned that victim girl is minor as her age is 15 years.

5. Learned APP for the State opposing the prayer for bail.

6. Without going into the merits of the present case, as the victim girl is minor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Rajoun P.S. Case No. 46 of 2023.

7. Accordingly, the application for grant of anticipatory bail is dismissed.

(Anjani Kumar Sharan, J) N.K/- U T