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Patna High CourtCR. MISC./10489/2023dismissed

Pankaj Kumar v. The State Of Bihar

2023-03-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10489 of 2023 Arising Out of PS. Case No.-34 Year-2021 Thana- MAHILA PS District- Aurangabad ====================================================== Pankaj Kumar Son Of Anil Kumar Ram @ Anil R/O Vill.- Phulwariya, PostWar, P.S.- Madanpur, Distt.- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-03-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This application has been filed for quashing the F.I.R. lodged under Section 363, 376(D) read with Section 34 IPC agaisnt three persons including petitioner in Mahila P.S. Case No. 34 of 2021 situated in Aurangabad under Sadar SubDivision, Aurangabad. The prosecution story in short is that:- one Anjali Kumari is the informant of this case, on 16.10.2021 at about 12:30PM. She went to walk in neighborhood friend at the same time the main accused namely Rahul Kumar @ Bittu of her village, forcefully took her in vehicle and committed rape with her, when she became conscious, she was suffering from pain and the petitioner and co-accused person were present there.

Patna High Court CR. MISC. No.10489 of 2023(2) dt.03-03-2023 2/2 No ground for interference is made out.

Accordingly, this application is dismissed.

(Sandeep Kumar, J) Shishir/Vikas U T