Ankesh Kumar @ Ankesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15087 of 2022 Arising Out of PS. Case No.-48 Year-2020 Thana- MAHILA P.S. District- Rohtas ====================================================== ANKESH KUMAR @ ANKESH KUMAR SINGH Son of Lal Mohar Singh Resident of Village - Kauvakhoch, P.s.- Dinara, Distt.- Rohtsh, at Sasaram ... ... Petitioner/s
Versus
The State Of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376, 354, 509, 506 and 34 of the Indian Penal Code.
Petitioner along with his father is said to have committed the rape of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that from perusal of the First Informant
Patna High Court CR. MISC. No.15087 of 2022(3) dt.17-11-2022 2/2 Report, it is alleged that petitioner was well known by the informant and due to earlier dispute, the present case is filed against the petitioner. He further submits that the contradictory statement of the victim was recorded under Section 161 and 164 of the Cr.P.C. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that victim has supported the prosecution case in her statement recorded under Section 164 Cr.P.C. Considering the facts and circumstances of the case, I am no inclined to enlarge the petitioner on bail in connection with Rohtas Mahila P.S. Case No. 48 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T