Nitesh Prajapati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86060 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- VIJAYEPUR District- Gopalganj ====================================================== Nitesh Prajapati Son of Sanjay Prajapati Alias Sanjay Kohar Resident of village- Vijaipur, P.O. and P.S.- Vijaipur, District- Gopalganj Bihar- 841508 ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akshay Ashish For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks anticipatory bail in connection with Jamo Bazar P.S. Case No. 86 of 2023, registered for the offence punishable under Sections 341, 354(A), 354(D) of the Indian Penal Code and Section 12 of the POCSO Act.
3. As per F.I.R., allegation against the petitioner and other co-accused is of abusing and molesting the minor daughter the informant.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Petitioner has no criminal antecedent. Petitioner and informant are next door neighbours. Petitioner age is about 20 years.
5. Learned APP has opposed the prayer for bail and
Patna High Court CR. MISC. No.86060 of 2023(2) dt.18-01-2024 2/2 submits that victim is a minor girl and it is not a fit case for anticipatory bail.
6. Considering the aforesaid submission of the parties and also considering the age of the victim, I am not inclined to grant anticipatory bail to the petitioner.
7. Hence, his prayer for anticipatory bail stands rejected.
8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.
(Anjani Kumar Sharan, J) Ranjeet/- U T