Krishna Kumar @ Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78447 of 2023 Arising Out of PS. Case No.-506 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== KRISHNA KUMAR @ KISHAN KUMAR Son of Shree Sunil Mandal Resident of Village - Dholbaza, Ward No.-13, Kirkichiya, P.S, Farbisganj, Dholbaja, District- Araria, PIn -854318.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP.

Mr. Mrigendra Kumar, Adv.

Mr. Mayank Bilochan, Adv.

Ms. Kusum Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 506 of 2023 registered for the offences punishable under Sections 363, 366(A), 354(D), 372, 373 of the Indian Penal Code and Section 4 of POCSO Act.

3. Allegedly, all the accused persons including the petitioner are said to have kidnapped the informant forcefully. Thereafter, co-accused Sushil Mandal took her to Patna and kept her in a hotel where he took her obscene photographs to implicate her in prostitution.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.78447 of 2023(2) dt.11-12-2023 2/3 No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is specific allegation against other co-accused, namely, Sushil Mandal. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Per contra, learned APP for the State as well as learned counsel for the informant vehemently opposing the bail petition submitted that the statement of the victim was recorded under Section 164 Cr.P.C. in which she has supported the prosecution case. Hence, he does not deserve privilege of anticipatory bail. It is further submitted that the prayer for anticipatory bail of similarly situated co-accused, namely, Sushil Mandal, has already been rejected by this Court.

6. Having regard to the facts and circumstances of the case, as it is not fit case for anticipatory bail, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

8. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the

Patna High Court CR. MISC. No.78447 of 2023(2) dt.11-12-2023 3/3 same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) divyanshi/- U T