Rangeela Kumar @ Rangeela Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73186 of 2022 Arising Out of PS. Case No.-580 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rangeela Kumar @ Rangeela Sahani Son Of Roop Lal Sahani R/VLakhawara Purwari Tola, P.S.- Lakhawara Dist- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Muffasil ( Lakhaura) P.S. Case No. 580 of 2022 registered for the offences punishable under Sections 363, 366(A) /34 of the Indian Penal Code section 8 of the POCSO Act. As per the prosecution case, all the FIR named accused person including the petitioner kidnapped the informant's minor daughter for the purpose of marriage. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that occurrence took place on 12.06.2022 but the FIR has been lodged on 07.08.2022 after delay of more than about

Patna High Court CR. MISC. No.73186 of 2022(3) dt.21-04-2023 2/2 two months without explaining any reasonable cause of delay. It is further submitted that there is no specific overt act has been attributed against the petitioner. It is further submitted that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submitted that the statement of victim recorded under section 164 of the Cr.P.C in which victim supported the prosecution case and took the name of petitioner. Considering the aforesaid facts and circumstance of the case, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) N.K/- U T