Guddu Singh @ Sudip Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3685 of 2016 Arising Out of PS.Case No. -124 Year- 2015 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Guddu Singh @ Sudip Kumar Singh, son of Nawal Kishore Singh, Resident of Village- Chamtha Chhot Khunt, P.S.- Bachhwara, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Smt. Anuradha Singh, Advocate.

For the Opposite Party : Mr. Mukesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-06-2016 Heard both sides.

The petitioner apprehends his arrest in Vidyapati Nagar P.S. Case No. 124 of 2015, registered for the offences punishable under Sections 363, 328, 376 (2)(G) and 34 of the Indian Penal Code.

The victim made allegation against the petitioner that he along with two other accused persons forcibly kidnapped her and committed rape with her.

Learned counsel for the petitioner submits that the victim made her statement that she was kidnapped from her house but in her statement recorded under Section 164 of the Cr.P.C. she disclosed that while she was returning from her school the petitioner and others forcibly kidnapped her and thereafter

Patna High Court Cr.Misc. No.3685 of 2016 (5) dt.21-06-2016 2/2 committed rape with her.

It appears that the victim is a minor and prayer for anticipatory bail of the co-accused Nawal Kishore Rai has already been rejected. The case of the petitioner stands on similar footing as that of co-accused Nawal Kishore Rai.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Vidyapati Nagar P.S. Case No. 124 of 2015. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T