Dismissed

Rohit Kumar @ Rohit Kumar Das v. the State of Bihar

Patna HC1 Mar 2021CR. MISC./4336/2020

Case brief

AI extract

What is this about?

A criminal miscellaneous petition for anticipatory bail was filed by a petitioner accused of offences under the IPC and POSCO Act. The prime prima facie alb report indicated an attempt to outrage the modesty of a minor. The High Court refused to grant the relief, directing the petitioner to surrender and seek regular bail within three weeks.

What did the court decide?

Prayer for anticipatory bail rejected. Petitioner directed to surrender and pray for bail before lower court within three weeks.

Rohit Kumar @ Rohit Kumar Das Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4336 of 2020

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Arising Out of PS. Case No.-466 Year-2019 Thana- KUDHNI District- Muzaffarpur

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======================================================

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Rohit Kumar @ Rohit Kumar Das, aged about 18 years, Gender-Male, Son of Mahesh Das Resident of Village - Kudhani Tola, P.S.- Kudhani, DistrictMuzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Amit Kumar Jha, Adv. For the Opposite Party/s : Mr. M.K. Nirala, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY

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ORAL ORDER

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3 01-03-2021

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Heard learned counsel for the petitioner and learned

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counsel for the State.

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In this case, the petitioner is apprehending his arrest in connection with Kudhani P.S. Case No. 466 of 2019 registered for offences under sections 341, 323, 3549B), 504 of the Indian Penal Code and Section 4 of the POSCO Act.

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The prosecution story in nutshell is that on 17.7.2019, the daughter of the Informant, after attending the tuition class, was returning by a bicycle, in the meantime, Rohit Kumar (the petitioner) dashed her by motorcycle and told her that her father always makes complaint against me and today I will teach you a lesson and tried to outrage her modesty. Thereafter, the girl started to cry, whereupon, the people of the

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Patna High Court CR. MISC. No.4336 of 2020(3) dt.01-03-2021 2/2

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locality as also the Informant came there and protected her but, the petitioner managed to flee away from there.

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The paragraph no.11 of the Case Diary contains the statement of the victim girl where she has supported the prosecution case and has also stated about the behavior of the petitioner towards girl.

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The petitioner has tried to outrage the modesty of the victim girl.

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Looking to the entire facts and circumstances of the case as also considering the nature of allegation, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

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Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

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If the petitioner surrenders before the court below within a period of three weeks from today and prays for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law.

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(Shivaji Pandey, J)

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rishi/-

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U T

Rohit Kumar @ Rohit Kumar Das v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Kumar @ Rohit Kumar Das v. the State of Bihar

Case brief

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What did the court decide?

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