Ravi Kumar @ Ravi Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73400 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- BANIAPUR District- Saran ====================================================== RAVI KUMAR @ RAVI SHANKAR KUMAR S/O Laddu Mahato @ Om Prakash Mahato R/O Village- Bedauli, P.S- Baniyapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarendra Kumar For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Baniyapur P.S. Case No. 96 of 2021 registered for the offences punishable under Sections 376, 366(A)/34 of the Indian Penal Code and Sections 4, 6 and 8 of the POCSO Act, Section 67 of the IT Act pending in the Court of learned Exclusive Special Judge, POCSO Saran at Chapra.
Allegation against the petitioner is that he along with other accused persons committed rape upon the victim after kidnapping her.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that there is general and omnibus allegation against the
Patna High Court CR. MISC. No.73400 of 2022(2) dt.24-03-2023 2/2 petitioner. He submits that the co-accused, namely, Vikash Kumar has been granted anticipatory by a co-ordinate Bench of this Court passed in Cr. Misc. No. 3544 of 2022 dated 10.08.2022. He further submits that there is no criminal antecedent against the petitioner as mentioned in para 3 of this application.
Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner Hence, the petitioner does not deserve privilege of anticipatory bail.
Considering the facts and circumstances of case and the fact that victim was minor, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Baniyapur P.S. Case No. 96 of 2021.
The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T