Atul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56569 of 2018 Arising Out of PS.Case No. -227 Year- 2018 Thana -ARARIA District- ARRARIA ====================================================== Atul Kumar, Son of Nityanand Masi, Resident of Village- Shivpuri, Ward No. 9, P.S. & District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Kumar Jha For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel for the State as well as informant.

The petitioner seeks anticipatory bail in Spl. (POCSO) Case No. 28 of 2018, Araria P.S. Case No.227 of 2018 instituted for the offences under Sections 363, 365, 366 (A) and 34 of Indian Penal Code and Section 8/12 of the POCSO Act.

Allegation has been made that when the victim girl was going to the school the present petitioner lifted her forcefully and took her in a room, whereupon the mother of the accused said that when he had brought her, he should marry with her. Further, allegation has been made that the petitioner has tried to outrage the modesty of the victim girl but on the

Patna High Court Cr.Misc. No.56569 of 2018 (2) dt.20-09-2018 2 /2 intervention of the maternal grand mother, she could save herself. Thereafter, people came and rescue the victim girl. In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected.

(Shivaji Pandey, J) Vinay/Sunny U T