Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9150 of 2023 Arising Out of PS. Case No.-353 Year-2020 Thana- MANER District- Patna ====================================================== RAHUL KUMAR Son of Jai Prakash Saw @ Jai Prakash Gond R/vMohanpur, P.S.- Maner, Dist- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 363, 365 of the Indian Penal Code and 4/6 of the POCSO Act.

The allegation against the petitioner is that he raped the 14 years old daughter of the informant. It is further alleged that the petitioner kidnapped the daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that the victim has not supported the prosecution case in her statement recorded u/s 164

Patna High Court CR. MISC. No.9150 of 2023(3) dt.16-05-2023 2/2 of Cr.PC. 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 as well as considering the statement of victim recorded u/s 164 of Cr.PC, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Maner P.S. Case No.353 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T