Jairam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62124 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Jairam Kumar son of Bahori Yadav @ Ramanand Ray village- Mahmadpur, Ps- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anjali Kumari Daughter of Birind Paswan village- Rani Sarai, PsBakhtiyarpur Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sanchit Singh, Advocate For the State :
Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 354, 354A and 506 of the Indian Penal Code, Section 8 of the POCSO Act and Sections 3(2)(va) and 3(a)(va) of the SC/ST Act.
3. As per prosecution case, finding informant alone, this petitioner outraged the modesty of informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. As a matter of fact, due to money dispute with father of informant, this false and concocted case has been lodged. It is further submitted that F.I.R. has been lodged after
Patna High Court CR. MISC. No.62124 of 2024(2) dt.30-09-2024 2/2 delay of 15 days, without any plausible explanation for the same.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation of sexual assault against this petitioner. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.
6. Considering the aforesaid facts and circumstances, nature of accusation and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T