Rajeev Kumar @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65014 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Rajeev Kumar @ Munna Son Of Vinod Sahni R/O Village Barheta, Ward No. 5, Ps Kalyanpur, Dist- Samastipur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Lalita Devi Wife Of Prabhu Sahni Village- Barhetta, Ward No. 5, PsKalyanpur, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijay Bhushan Prasad For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard both parties.
2. The petitioner apprehends his arrest in Kalyanpur P.S. Case No. 45 of 2023, registered for the offences punishable under Sections 323, 341, 354(B), 379 and 504 of the Indian Penal Code and section 4/8 of the POCSO Act.
3. As per the prosecution case, this petitioner molested the minor daughter of the complainant. When the complainant and her husband went to make complain to the house of this petitioner, then all the accused persons assaulted her.
4. It is submitted by the counsel for petitioner that petitioner has been falsely implicated in this case. The entire allegation is false and fabricated. The victim is cousin sister of
Patna High Court CR. MISC. No.65014 of 2023(2) dt.16-10-2023 2/2 the petitioner and the complainant is aunt and there is land dispute between the parties. Petitioner claims clean antecedent.
5. Learned counsel for OP no. 2 and learned APP vehemently opposed the prayer for bail and submitted that the victim girl in her statement under Section 164 Cr.P.C has duly supported the prosecution case.
6. Considering the statement of victim girl under Section 164 Cr.P.C and the nature of accusation, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J) vinita/- U T