Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.1802 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Dipu Kumar, son of late Bishwanath Yadav @ Mochhan Yadav, r/o Bishunpur, P.S. Chandi, Distt. Bhojpur at Ara. .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Ranjit Kumar, Advocate. For the Respondent/s : Mr. Sadanand Paswan, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-05-2018 Heard learned counsel for the Appellant and learned Spl. P.P. for the State.
This Appeal has been preferred against the impugned order dated 9.4.2018 passed by the learned 1st Additional Sessions Judge, Bhojpur, Ara (Special Judge SC/ST Act cum Special Judge POCSO Act) registered for the offence under Sections 341, 354(B), 506 of the Indian Penal Code, Section 12 of the POCSO Act and Section 3 (1) (x) of SC/ST Act, by which the prayer for anticipatory bail of the Appellants has been rejected. In the written report there is specific allegation against the Appellant that he tried to molest the minor daughter of the informant aged about 10 years. He misbehaved with the daughter of the informant when she went to call of nature. Appellant tried to commit illegal act with her after removing her pant. When
Patna High Court CR. APP (SJ) No.1802 of 2018 (2) dt.21-05-2018 2/2 informant raised objection, this Appellant gave threat to the informant and also told that he will kidnap her daughter. The informant has mentioned the age of her daughter in the written report as 10 years.
There is specific allegation against the Appellant of attempting to commit illegal act with 10 years minor daughter of the informant.
Therefore, this Court does not find any illegality in the impugned order. The prayer for anticipatory bail of the Appellant stands rejected.
The Appeal is dismissed.
Appellant is directed to surrender in the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.
(Sanjay Priya, J) S.Ali/- U T