Patna High CourtCR. MISC./88195/2024rejected

Abhishek Das @ Abhishek Kumar v. The State Of Bihar

2025-05-14Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88195 of 2024 Arising Out of PS. Case No.-246 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Abhishek Das @ Abhishek Kumar S/o- Jagarnath Das Village- Gado wajitpur PS-Dalsinghsarai Distt- Samastipur ... ... Petitioner/s

Versus

The State of Bihar 2.

Nitish Kumar S/o- Ram Dayal Singh Village- Basadhiya Ps- Dalsingh Sarai Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pintu Kumar Patel, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-05-2025 Heard Mr. Pintu Kumar Patel, learned counsel for the petitioner and Ms. Shaheen Begum, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Dalsingh Sarai P.S. Case No. 246 of 2024, F.I.R. dated 29.07.2024 for the offences punishable under Sections 76, 115(2), 109, 123, 3(5), 238 of the Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, the informant alleged that the petitioner along with other accused persons tried to abduct and assault his sister. It is further alleged that the petitioner tired to give poison to his sister to destroy evidence.

Patna High Court CR. MISC. No.88195 of 2024(4) dt.14-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor on the basis of materials available on record and case diary has vehemently opposed the prayer for bail of the petitioner and submits that the victim, in her statement recorded under Section 164 of Cr.P.C/183 of BNSS has fully supported the case of the prosecution and apart from that she has categorically stated that the petitioner along with other accused persons committed rape upon her. She further submits that the medical report of the victim also supported the contention of the victim as stated in her statement recorded under Section 164 of Cr.P.C/183 of BNSS and the date of birth of the victim as mentioned in her birth certificate is 06.11.2010 which suggest that the victim was minor at the time of occurrence.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Dalsingh Sarai P.S. Case No. 246

Patna High Court CR. MISC. No.88195 of 2024(4) dt.14-05-2025 3/3 of 2024 pending in the court of Additional Sessions Judge-VIcum-Special Court (POCSO), Samastipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Suruchi/- U T