Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73889 of 2024 Arising Out of PS. Case No.-28 Year-2024 Thana- Sri Nagar District- Purnia ====================================================== Amit Kumar S/o Sadanand Mehta R/o vill - Medaniya Rahika, ward no. 5, P.S. - Sri Nagar, Distt. - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manju Devi Wife of Lalan Sharma Resident of village - Momotli ward no.- 10, Panchapat Farkiya, Police Station- Bounsi, Distt.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Singh, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable u/s 376/323/34 of the IPC and 3/4 of POCSO Act.

3.

The allegation against the petitioner is that he along with four unknown co-accused persons kidnapped the minor daughter of the informant and committed rape upon her. 4.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case with oblique motive. It is submitted that there is delay in lodging the FIR. Petitioner

Patna High Court CR. MISC. No.73889 of 2024(2) dt.26-10-2024 2/2 has no criminal antecedent as mentioned in para 3 of the bail application.

5.

Learned counsel for the informant and learned APP for the State opposed the prayer for bail and submitted that statement of victim was recorded under Section 164 of the Cr.P.C. in which she has supported the prosecution case. 6.

Considering the aforesaid facts and circumstances and the fact that the victim has supported the prosecution case in her statement recorded under Section 164 of the Cr.P.C, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

This application is accordingly dismissed.

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