Patna High CourtCR. MISC./9858/2016rejected

Kailash Ray @ Kailash Rai v. The State Of Bihar

2016-04-22Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.9858 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9858 of 2016 Arising Out of PS.Case No. -88 Year- 2015 Thana -KADWA District- KATIHAR ====================================================== Kailash Ray @ Kailash Rai, son of Bipin Rai, Resident of VillageDhangama, Police Station- Kadwa, District- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Najeeb Ahmad, Advocate. For the Opposite Party/s : Mr. Binod Kumar No. 3 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kadwa P.S. Case No. 88 of 2015 registered under Sections 366A, 376, 120N, 323, 504 and 506 of the Indian Penal Code. The accusation is that informant, who was minor, was returning with her parents to her house. In the way, petitioner and one Shankar Kumar Rai, who were on motorcycle, kidnapped the informant and thereafter co-accused, Shankar Kumar Rai, committed rape on her about nine days in presence of the petitioner.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the specific allegation of rape at

Patna High Court Cr.Misc. No.9858 of 2016 (2) dt.22-04-2016 informant is against Shankar Kumar Rai and this petitioner was only with association of co-accused, Shankar Kumar Rai in the kidnapping of informant. It is further submitted that while in the F.I.R. the age of the victim/informant has detailed as 14 years but in the medical examination her age has been assessed about 22 years.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within six weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T