Sunil Kumar Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76209 of 2023 Arising Out of PS. Case No.-12 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Sunil Kumar Shukla S/O- Late Yogendra Shukla Village- Borwara Ps- Karja Dist- Muzaffarpur ... ... Petitioner

Versus

1.

The State of Bihar 2.

Chandani Khatoon D/o- Md. Basir Village- Beruadih Ps- Sakra OP Bariyarpur Dist- Muzaffarpur P/A- Khabra NN 28, Ps- Muzaffarpur Sadar Dist- Muzaffarpur ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Santosh Kumar, Advocate For the Opposite Party :

Mr.Tapeshwar Sharma, Addl Public Prosecutor Mr. Sanjay Parssmani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341 and 354 of the Indian Penal Code and sections 4/6 of the POCSO Act.

3. As per the prosecution case, petitioner tried to outrage modesty of the opposite party no.2.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as complainant's mother was habitual in lodging false cases against persons. F.I.R. has been lodged after delay of three days without any explanation which renders the entire prosecution case doubtful.

5. Learned counsel for the State and opposite party no.2 submit that the victim in her 164 Cr.P.C. statement has supported the prosecution case.

6. Considering the nature of accusation and 164

Patna High Court CR. MISC. No.76209 of 2023(4) dt.09-04-2024 2/2 Cr.P.C. statement of the victim, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Shashi U T