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Patna High CourtCR. MISC./11459/2018rejected

Chandrajeet Mukhiya v. The State Of Bihar

2018-04-13Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11459 of 2018 Arising Out of PS.Case No. -204 Year- 2017 Thana -BAHERI District- DARBHANGA ======================================================

1. Chandrajeet Mukhiya Son of Binod Mukhiya Resident of Village- Jorja, P.S. Baheri, District- Darbhanga .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar Yadav, Advocate For the State : Smt Indu Kumari Srivastava, APP For the informant : Mr. Sanjeev Kr.Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-04-2018 Heard counsel for the petitioner and APP for the State. Petitioner is an accused in a case registered for offence under sections 363, 366A/34 IPC.

Learned counsel for the petitioner submits that there is contradiction in the statement of the victim recorded under section 164 Cr.P.C. as regards manner of occurrence with reference to the statement made in the FIR.

Learned counsel for the informant opposes the prayer for bail.

This Court finds from perusal of the deposition under section 164 Cr.P.C. ( Annexure 2) that the victim has supported the allegation against the petitioner regarding her being taken away and subjected to rape by the petitioner. In view of the gravity of allegation, I am not inclined to

Patna High Court Cr.Misc. No.11459 of 2018 (5) dt.13-04-2018 2/2 grant bail to the petitioner for the present. The prayer for bail of the petitioner is rejected.

(Madhuresh Prasad, J) Shashi.

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