Arun Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63872 of 2019 Arising Out of PS. Case No.-6 Year-2019 Thana- SAKATPUR District- Darbhanga ====================================================== ARUN KUMAR RAM Son of Sri Bechan Ram Resident of Village- Pokhar Bhinda, P.S.- Sakatpur, District- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No 13, Adv : Mr. Rohit Kumar, Adv For the State :

Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341,342,323,34 of the Indian Penal Code and 8,12 of the POSCO Act.

Allegation against the petitioner and others is of commission of sexual assault against a minor girl, who is informant of this case.

Learned counsel for the petitioner submits that the case diary would reveal that independent witnesses have stated that some different reason is for false implication of the accused person. The reasons are stated in their statement.

Patna High Court CR. MISC. No.63872 of 2019(3) dt.17-12-2019 2/2 Considering the presumption and reverse burden of proof as contained in Sections 29 and 30 of the Protection of Children from Sexual Offences Act, 2012, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Sakatpur P.S.Case No.06 of 2019 pending in the court of learned 1st Additional Sessions Judge-cum-Special Judge (POSCO Act), Darbhanga. Hence prayer is refused.

(Birendra Kumar, J) Nitesh/- U T