Mankhush Kumar Pasi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63942 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== MANKHUSH KUMAR PASI SON OF MANOJ PASI R/O VILL.- JHITKIYA, WARD NO. 2, P.S.- SINGHESHWAR, DISTT.- MADHEPURA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard the parties.
The petitioner apprehends his arrest in connection with Singheshwar P.S. Case No.109 of 2022, registered for the offence punishable under Sections 363, 366, 34 of the Indian Penal Code and 8 of POCSO Act.
The allegation against the petitioner is that he alongwith other accused persons kidnapped the minor daughter of the informant.
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 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the
Patna High Court CR. MISC. No.63942 of 2022(2) dt.24-02-2023 2/2 petitioner. He further submits that the informant is not an eye witness of the occurrence. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the victim girl is a minor. He further submits that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC. 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