Rupesh Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9695 of 2019 Arising Out of PS. Case No.-67 Year-2018 Thana- MAHILA PS District- Khagaria ====================================================== Rupesh Kumar @ Bhola S/o Late Pravin Sahni Resident of Vill.- Bagdoe (Goura Shakti), Police Station- Muffasil, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Ritambhara For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-02-2019 This is an application for grant of anticipatory bail in connection with Khagaria (Mahila) P.S. Case No. 67 of 2018, disclosing offences under Section 376 of the Indian Penal Code and Section 3/4 of the POCSO Act.

Allegation against the petitioner is of committing rape upon the informant, who is a minor.

Submission of learned counsel for the petitioner is that the informant herself is an absconder in this case and the petitioner has falsely been implicated in this case and the affidavit to this effect has been made by Fufa of victim girl. Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and allegation that too with minor girl, I am not inclined to grant anticipatory bail to the petitioner,

Patna High Court Cr.Misc. No.9695 of 2019(2) dt.19-02-2019 2/2 rather he should surrender and make prayer for regular bail, which will be considered on its own merit, without being prejudice by order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T