Nirmal Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40571 of 2018 Arising Out of PS.Case No. -91 Year- 2018 Thana -ALOULI District- KHAGARIA ======================================================
1. Nirmal Paswan, S/o Patilal Paswan, Resident of Village- Sumha Gajighat, Tola- Marain, P.S.- Alauli, District- Khagaria. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-07-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Alauli P.S.Case No.91 of 2018 registered for offences punishable under Sections 376/511 of the Indian Penal Code and Section 18 of POCSO Act.
Allegation against the petitioner is that he entered inside the house and tried to commit rape upon the daughter of the informant who is minor.
Submission of the learned counsel for the petitioner is that prior to lodging of the present case he had lodged a case against the informant and others on 19.3.2018 and as such the present case has been lodged on 22.3.2018 and there is delay of five days in lodging the FIR.
Patna High Court Cr.Misc. No.40571 of 2018 (2) dt.13-07-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant. They have submitted that the case lodged by the petitioner is found to be false in the supervision note and the girl in her statement under Section 164 Cr.P.C. has supported the prosecution case. The case is under the POCSO Act also. . Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.
With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T