Bikendar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66908 of 2022 Arising Out of PS. Case No.-327 Year-2022 Thana- MASAUDHI District- Patna ====================================================== BIKENDAR KUMAR S/O Late Mithalesh Prasad R/O Village- Pachapapar, Nadual, P.S- Masaurhi, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Masaurhi P.S. case No.327 of 2022, registered for the offence punishable under Sections 341, 323, 354(B), 363(A), 504 and 34 of the Indian Penal Code.

The allegation against the petitioner is that he alongwith two other accused persons tried to molest the daughter of the informant. It is alleged that when the informant alongwith her family went to the house of the petitioner for inquiring about the incident, they were assaulted and abused by the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.66908 of 2022(2) dt.19-01-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim girl is not a minor, her date of birth as recorded in her matriculation certificated is 15.03.2002. He further submits that the petitioner and victim girl were in relationship since long and the informant and her husband opposed the said relationship and they arranged the marriage of their daughter with some other person. In order to avoid her proposed marriage, she herself fled away from her home. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim girl in her statement recorded u/s 164 Cr.PC has supported the prosecution case. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T