Piyush Kumar @ Sonu @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 84808 of 2023 Arising Out of PS. Case No.-360 Year-2022 Thana- DHORAIYA District- Banka ====================================================== Piyush Kumar @ Sonu @ Sonu Kumar, Son Of Muneshwasr Mandal, R/O Village- Ghasia, P.S.- Dhoraiya, Dist.- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajesh Kumr Gupta Son Of Moti Lal Gupta R/O Village- Chandani Chowk, Dhoraiya, P.S.- Dhoraiya, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Dhoraiya P.S. Case No.360 of 2022 dated 21.10.222 registered for the offence punishable under Sections 341, 323, 354(B), 509, 420 and 120B of the Indian Penal Code, Section 67 of the I. T. Act and Section 8 of POCSO Act.

3. As per prosecution case, the informant on 07.10.2022 received a secret information that his minor daughter, a student of RTC Coaching Centre, Ghasia being run by the petitioner and his brother, was forced to establish sexual relationship by one Piush Kumar on the pretext of making her

Patna High Court CR. MISC. No. 84808 of 2023(4) dt.03-05-2024 2/3 obscene photograph viral. It is further alleged that when nephew of the informant, namely, Ankit Kumar Gupta contacted Piush Kumar through his mobile phone, he informed that the proprietor of the Coaching Center, Sajan Kumar Tanti is also involved in the matter and he, on the pretext of running Coaching Center, used to provoke and establish illegitimate relations with the minor girls and take their indecent photographs. It is further alleged that the photographs of the daughter of informant and other minor girls have been made viral.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been made accused in this case. It is submitted that no any video or photographs is available on record to support the prosecution case. It is further submitted that to malign the reputation of coaching institute this case has been lodged.

5. Learned A.P.P has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the specific allegation against the petitioner and the statement of the victim girl recorded under section 164 of the Cr.P.C in which she specifically stated the name of the petitioner, who tried to outrage her modesty, I am

Patna High Court CR. MISC. No. 84808 of 2023(4) dt.03-05-2024 3/3 not inclined to extend privilege of anticipatory bail to the petitioner.

7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

8. The application stands dismissed.

(Khatim Reza, J) N.K/- U T