Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62401 of 2023 Arising Out of PS. Case No.-27 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== AJEET KUMAR S/o Sri SUSHIL KUMAR YADAV R/o vill - Kamtaul, P.S. - Kamtaul, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Sections 354B and 376D of the Indian Penal Code and Under Section 4 and 6 of the POCSO Act.

3. As per the prosecution case, this petitioner along with other co-accused persons forcibly lifted the victim and took her towards the forest and committed rape on her.

4. It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case at the instance of shop keepers against whom he used to protest. He further submits that the entire prosecution story is palpably false and concocted.

5. However, learned A.P.P. for the State opposed

Patna High Court CR. MISC. No.62401 of 2023(2) dt.11-10-2023 2/2 the bail petition and submitted that the under Section 164 of the Cr.P.C., the victim girl has supported the prosecution case and the victim girl was minor at the time of alleged occurrence.

6. Considering the nature and gravity of offence and statement of the victim made under Section 164 of the Cr.P.C., the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) Shishir/- U T