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Patna High CourtCR. MISC./66413/2022rejected

Anuj Chaudhary v. The State Of Bihar

2023-03-20Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66413 of 2022 Arising Out of PS. Case No.-2 Year-2020 Thana- MAHILA PS District- Jehanabad ====================================================== ANUJ CHAUDHARY Son of Prabhu Chaudhary Resident of VillageGulguliya Makhdumpur, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Adv.

For the Opposite Party/s :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 354(B), 376, 511 of the Indian Penal Code and Section 4/18 of the POCSO Act. According to prosecution case, the allegation against the petitioner is of attempting to commit rape upon the minor grand daughter of the informant.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation against the petitioner, as alleged in the F.I.R., is false and fabricated.

The learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.66413 of 2022(2) dt.20-03-2023 2/2 on the other hand vehemently opposed the prayer for bail of the petitioner and submits that the allegation against the petitioner as alleged in the F.I.R. is supported by the medical report of the victim and the allegation against the petitioner is serious and grievous in nature and in fact the petitioner is maternal grand father of the victim. He further submits that petitioner also carries two criminal antecedents other than the present one. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with POCSO Case No.04/2020, arising out of Jehanabad Mahila P.S. Case No. 02/2020, pending in the court of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO) Act, Jehanabad. Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T