Chulbul Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12575 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- DIGHWARA District- Saran ====================================================== 1.

Chulbul Rai S/O- Mandeep Rai 2.

Bholbam Rai S/o- Ganour Rai Both R/o Village- Nawal Tola, P.S.- Dighwara, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Pratap Singh, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376(D)/34 of the Indian Penal Code.

The petitioners allegedly committed house trespass and gang rape against the informant.

Learned counsel for the petitioners submits that there is a counter case wherein the petitioners alleged that the prosecution side forcefully entered into his house and committed robbery. Further submission is that the Doctor has

Patna High Court CR. MISC. No.12575 of 2021(2) dt.17-11-2021 2/2 not found any sign of rape.

Since the prosecutrix cannot be disbelieved at this stage, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Dighwara P.S.Case No.224 of 2020 pending in the court of learned A.C.J.M.-IX, Saran at Chapra. Hence, prayer is refused.

The petitioners shall surrender within two weeks and pray for regular bail, failing which the learned court below shall take coercive steps for procuring attendance of the petitioners. (Birendra Kumar, J) Nitesh/- U T