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Patna High Court - Orders

Abhishek Verma @ Sonu Kumar vs The State Of Bihar on 18 October, 2024

Author: Anjani Kumar Sharan

Bench: Anjani Kumar Sharan

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3832 of 2024
                         Arising Out of PS. Case No.-119 Year-2023 Thana- SARE District- Nalanda
                 ======================================================
                 Abhishek Verma @ Sonu Kumar SON OF ANIL KUMAR Village- Gilanee
                 po -Sare PS -Sare District- Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashutosh Kumar
                 For the Opposite Party/s :        Mrs. Renu Kumari
                                                   Mr. Pankaj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

5   18-10-2024

Heard the parties.

2. The petitioner apprehends his arrest in connection with Sare P.S. Case No.119 of 2023, registered for the offence punishable under Sections 376, 354(B)(C), 120B, 506, 504, 34 of the Indian Penal Code and section 4, 6, 12 of the POCSO Act.

3. As per the FIR, the daughter of the informant used to take tuition from the petitioner and during that period, the petitioner committed rape upon the minor daughter of the informant several times.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific Patna High Court CR. MISC. No.3832 of 2024(5) dt.18-10-2024 2/2 overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the victim has supported the prosecution case in her statement recorded u/s 164 of Cr.PC.

6. Having regard to the facts and circumstances of the case as well as considering that the victim is a minor and she has supported the prosecution case in her statement recorded u/s 164 of Cr.PC, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/-

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