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Patna High CourtCR. MISC./16975/2015dismissed

Vikash Kumar And ANR v. The State Of Bihar

2015-05-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16975 of 2015 Arising Out of P.S. Case No. -40 Year- 2015 Thana -KHAJEKALLAN District- PATNA ======================================================

1. Vikash Kumar son of Ratan Das, grandson of landlord, resident of Hazari Mohalla, P.S. Khajekalan, District- Patna

2. Rahul Kumar son of Sanjay Das, resident of Mohalla- Gulshan Hadri, P.S.- Khajekalan, Dist- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-05-2015 Heard both sides.

The petitioners, two in number, apprehend their arrest in a case under Sections 376/34 of the Indian Penal Code and Sections 7 & 8 of the POCSO Act.

The submission is that the present case is lodged after ten days of the occurrence and there is no explanation for such delay. There is a very specific allegation against the petitioners that they committed rape with the victim. The victim also made her statement under Section 164 of the Code of Criminal Procedure and described the entire incident.

Considering the facts aforesaid, I am not inclined to

Patna High Court Cr.Misc. No.16975 of 2015 (2) dt.22-05-2015 2/2 enlarge the petitioners on anticipatory bail in Khajekalan P.S. Case No. 40 of 2015. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T