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Patna High CourtCR. MISC./54398/2018rejected

Vikash Kumar Nirala @ Vikky v. The State Of Bihar

2018-11-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54398 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== Vikash Kumar Nirala @ Vikky, Son of Nagendra Prasad Nirala, Resident of Village- Harinarayanpur, P.S.- Nardiganj, District- Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranvijay Singh, Advocate For the Opposite Party/s :

Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with Nirdiganj P.S. Case No.116 of 2018, registered for the offences punishable under Sections 341/323/354(B) (D)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

I do not find any substance in the contention of learned counsel for the petitioner that since parties have entered into a compromise and the parents of the girl have stated before the police that due to some other dispute concocted allegation has been levelled to disbelieve the statement of the victim at this stage.

Considering the nature of allegation of sexual

Patna High Court Cr.Misc. No.54398 of 2018(3) dt.27-11-2018 2/2 assault committed by the petitioner against the informant after committing house trespass, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court. (Birendra Kumar, J) Mkr./- U T