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Patna High CourtCR. MISC./17078/2016dismissed

Raushan Kumar v. The State Of Bihar

2016-05-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17078 of 2016 Arising Out of PS.Case No. -23 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Raushan Kumar Son of Sujit Paswan Resident of village - Kanhauli Math Ajarkwe, P.S. Mithanpura, Distt. - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-05-2016 Heard the counsel for the petitioner and APP for the State.

The petitioner herein seeks anticipatory bail in Mithanpura P.S. Case No. 23 of 2015, registered under Sections 341, 323 of the Indian Penal Code. And 8, 12 and 18 of the POCSO Act.

The class 9th student alleged that the petitioner used to tease her always. Filthy languages were used against her on numerous occasions. An attempt was also made to touch her body, when she returned from school and put his hand on her breast.

The case of the petitioner is of false implication. The petitioner was in fact not present at the place of occurrence. On

Patna High Court Cr.Misc. No.17078 of 2016 (2) dt.02-05-2016 2/2 perusal of the impugned order, it appears that the petitioner is also accused of Mithanpura P.S. Case No. 07/2015. Mr. Dayal, placed the FIR as well as impugned order, on perusal whereof, I am not persuaded to extend the privilege of anticipatory bail.

The application is dismissed.

(Kishore Kumar Mandal, J) rohit/- U T