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Patna High CourtCR. MISC./60841/2023dismissed

Ravi Obeyrai @ Ravi Ranjan Kumar v. The State Of Bihar

2024-03-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60841 of 2023 Arising Out of PS. Case No.-39 Year-2022 Thana- MAHILA P.S. District- Vaishali ====================================================== RAVI OBEYRAI @ RAVI RANJAN KUMAR S/O AWADHESH SINGH R/O VILLAGE- BAPHAPUR SHARMA, PS. LALGANJ, DIST. VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No.39 of 2022, registered for the offence punishable under Sections 346, 347, 368, 372, 376, 120B, 34 of the Indian Penal Code and Section 4, 6 of POCSO Act.

3. Allegedly, co-accused Hira Devi confined he victim girl in the house of Vijay Singh and the daughter of Hira Devi brought the victim in false pretext where both Hira Devi and her daughter forced her for physical relation with different persons.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that the petitioner has no concern with the victim or the co-accused

Patna High Court CR. MISC. No.60841 of 2023(4) dt.05-03-2024 2/2 persons. Petitioner is not named in the FIR, his name transpired in the present case during the course of investigation. He further submits that the victim used to live at her husband's house. He further submits that the victim is a major as her date of birth is 08.09.2004, therefore, no offence under POCSO Act is made out. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T