Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4059 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- MAHILA P.S. District- Samastipur ====================================================== KUNDAN KUMAR Son of Shankar Prasad Yadav @ Shankar Rai Resident of Village-Lilgi Hat, Chaita, P.S.-Angar Ghat, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376, 120(b) and 506 of the Indian Penal Code.

It is a case of committing rape upon the daughter of the informant by co-accused Dhiraj Kumar.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that specific allegation of rape is against coaccused Dhiraj Kumar and not against this petitioner. He further submits that in hospital, petitioner persuaded to the informant for compromise in this case by Panchayat which is not permissible and he has no concern with the said co-accused

Patna High Court CR. MISC. No.4059 of 2022(3) dt.26-07-2022 2/2 Dhiraj Kumar. Petitioner has no criminal antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Court (POCSO) Act, Samastipur in connection with Samastipur Mahila P.S. Case No. 58 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T