Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1792 of 2022 Arising Out of PS. Case No.-123 Year-2021 Thana- SINGHWARA District- Darbhanga ====================================================== RAHUL KUMAR SON OF DINESH SAH R/O VILLAGE- CHICHARI, P.S.- KATRA, DISTRICT- MUZAFFARPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidya Nath Prasad, Advocate For the State :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 365, and 34 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. The petitioner has falsely been
Patna High Court CR. MISC. No.1792 of 2022(2) dt.28-07-2022 2/2 implicated in the instant case. In the present case the statement of the victim was recorded under Section 164 of the Cr.P.C. in which, she has not supported the prosecution case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the victim is a minor I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected.
This application is, accordingly, dismissed.
(Anjani Kumar Sharan, J) shweta/- U T