Dismissed¶¶19

Vikash Kumar v. The State Of Bihar

Patna HC14 Nov 2024CR. MISC./42471/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected; POCSO S.4/8; IPC Ss.323, 341, 354, 504, 506; Maner P.S. Case No.116 of 2024; Patna; CRIMINAL MISCELLANEOUS No.42471 of 2024; Justice Anjani Kumar Sharan; decided 14-11-2024; victim's statement u/s 164 Cr.P.C.; alleged false implication due to prior complaint case; one criminal antecedent; liberty to surrender within six weeks and seek regular bail.

What did the court decide?

Liberty to the petitioner to surrender before the learned Court below within a period of six weeks and seek regular bail; the learned Court below to pass order, preferably on the same day, in accordance with law. ¶¶19

Vikash Kumar Vs The State Of Bihar — Child Sexual Offences (POCSO) | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42471 of 2024

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Arising Out of PS. Case No.-116 Year-2024 Thana- MANER District- Patna

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

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Vikash Kumar Son of Tuntun Singh @ Tutun Rai R/o Village- Hulasi Tola, P.S.- Maner District- Patna.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Kanchan Kumari D/O Ram Kumar Mahto R/O Vill.- Hulasi Tola, P.S.Maner, Dist.- Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Madhusudan Rai, Adv. For the Opposite Party/s : Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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5 14-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

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Petitioner is apprehending his arrest in connection with Maner P.S. Case No.116 of 2024, registered for the offence punishable u/s 323, 341, 354, 504, 506 of the IPC and section 4/8 of the POCSO Act.

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Allegation against the petitioner is that he forcibly tried to commit sexual attempt upon the informant and used to chase her since some days with ill intention.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior

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Patna High Court CR. MISC. No.42471 of 2024(5) dt.14-11-2024 2/2

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motive. No such occurrence in the manner as alleged has ever taken place. It is submitted that earlier the petitioner has filed a complaint case against the victim’s family and thereafter, this case has been lodged to implicate the petitioner. It is next submitted that the victim is a major and has lodged the case with false allegation. Petitioner has one criminal antecedent.

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Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the victim has supported the prosecution case, in her statement recorded u/s 164 Cr.P.C.

¶18

Considering the aforesaid facts and circumstances and the statement of the victim, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

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This application is accordingly dismissed.

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However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law.

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(Anjani Kumar Sharan, J)

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pallavi/-

¶23

U T

Vikash Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Vikash Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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