Parimal Kumar Singh @ Parimal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76451 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Parimal Kumar Singh @ Parimal Singh Son of Baleshwar Singh Resident of Village- Balara Kishun, P.O.- Balara Kishun, P.S. Maniyari, DistrictMuzaffarpur(Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ghanshyam Kumar Jha Son of Harendra Jha Resident of Vilalge- Balara Ismail, P.S.- Maniyari, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhubneshwar Mahto, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-01-2025 Heard Learned Counsel for the petitioner, Learned APP for the State and Learned Counsel for the informant.

2. The petitioner is apprehending arrest in connection with Maniyari P.S. Case No. 366 of 2023 lodged on 26.11.2023, for the offences punishable under Sections 341, 342, 354, 354A, 354-B of the Indian Penal Code read with sections 4, 6, 8, 10 & 12 of the POCSO Act.

3. As per the prosecution, FIR has been lodged against the sole petitioner. It has been alleged in the FIR that petitioner has teased and touched the private part of the informant's daughter who is 12 years of age.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.76451 of 2024(3) dt.29-01-2025 2/3 petitioner is innocent and has committed no offence. Counsel submits that the present case has been filed due to village politics as informant's side has taken money from the petitioner and when petitioner demanded the money from him, then informant threatened him and subsequently, with a view to teach lesson, the present case has been filed against the petitioner. Counsel further submits that petitioner is a Headmaster of local school and aged about 50 years and unnecessarily been made accused in this case. Counsel also submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6.Learned Counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that informant's daughter (minor) is the victim in this case who is 12 years of age and she herself deposed before the Trial Court under section 164 of the Cr.P.C. that the allegation made against petitioner in the FIR is true. Counsel further submits that process of section 82 and 83 has already been issued against the petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the

Patna High Court CR. MISC. No.76451 of 2024(3) dt.29-01-2025 3/3 prayer for anticipatory bail of the petitioner is hereby rejected.

8. It is directed to the petitioner to surrender before the Trial Court within a period of 4 weeks from today. In case, the petitioner surrenders within four weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Divyansh/- U T