Amarjeet Pandit @ Amarjeet Kumar Pandit @ Amarjit Kumar Pandit @ Anarjit Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6692 of 2024 Arising Out of PS. Case No.-244 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Amarjeet Pandit @ Amarjeet Kumar Pandit @ Amarjit Kumar Pandit @ Anarjit Kumar Pandit Son Of Baldev Pandit R/O-Makadumapur Kodariya, P.S.-Karja, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratneshwar Prasad, Advocate For the Informant : Mr. Brahmaputra Singh Ishu, Advocate For the State :

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2024 Heard Mr. Ratneshwar Prasad, learned counsel for the petitioner, Mr. Brahmaputra Singh Ishu, learned counsel appearing on behalf of the Informant and Mr. Ahmad Ali, learned APP for the State.

2. The petitioner is apprehending his arrest connection with Karja P.S. Case No. 244 of 2023, F.I.R. dated 20.07.2023 registered for the offences punishable under Sections 363, 366, 504, 506, 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused person have committed rape upon the victim.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6692 of 2024(3) dt.21-03-2024 2/3 the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that from perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. is 17.07.2023 but the present F.I.R. was instituted on 20.07.2023 after delay of three days afterthought only to falsely implicate the petitioner.

5. Learned counsel for the Informant and learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that the statement of the victim girl was recorded under Section 164 of the Cr. P.C. in which she has categorically stated that the petitioner and other co-accused person have committed rape upon her.

6. Considering the aforesaid facts that there is direct allegation against the petitioner as well as statement of the victim recorded under Section 164 of the Cr. P.C., I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Karja P.S. Case No. 244 of 2023 pending in the Court of Judicial Magistrate 1st Class, Court No. 7, (West), Muzaffarpur.

Patna High Court CR. MISC. No.6692 of 2024(3) dt.21-03-2024 3/3

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T