Patna High CourtCR. MISC./71400/2024dismissed

Babloo Yadav @ Babloo Singh @ Babloo Singh Yadav @ Babloo Kumar v. The State Of Bihar

2024-10-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71400 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- MAHILA PS District- Buxar ====================================================== Babloo Yadav @ Babloo Singh @ Babloo Singh Yadav @ Babloo Kumar Son Of Guddu Singh Yadav Resident Of Budhanpura (In House Of Kamlesh Kumar Singh), P.S.- Buxar Town, Distt.- Buxar ... ... Petitioner/s

Versus

The State of Bihar 2.

Ajit Kumar Tiwary S/o Shidhnath Tiwary R/o vill and P.O. - Girdharpur, P.s. - Sikraul, Dist. - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 126(2), 115, 76, 62, 352, 351(2)/3(5) of the BNSS, 2023 and Section 8 of the POCSO Act.

3. Allegation against the petitioner is that he committed sexual assault with the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the statement of the victim has been recorded under Section 183 of BNSS and it is mentioned in

Patna High Court CR. MISC. No.71400 of 2024(2) dt.23-10-2024 2/2 para-46 of the case diary that the witnesses is in a taunt state of mind to get her statement recorded. He submits that the medical report does not support the prosecution case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and informant oppose the prayer for bail.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Buxar Mahila P.S. Case No. 45 of 2024.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the 183 of the BNSS statement of the victim.

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