Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16986 of 2016 Arising Out of PS.Case No. -132 Year- 2015 Thana -CHAKAI District- JAMUI ======================================================

1. Umesh Rai, Son of Biso Rai, Resident of village- Ghatiyari, DistrictJamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-04-2016 Heard the Counsel for the petitioner and the Special P.P. for the State.

Petitioner is facing accusations punishable under Section 376 of the Indian Penal Code read with the penal provisions of the SC/ST (Prevention of Atrocities) Act vide Chakai P.S. Case No. 132 of 2015.

The informant has alleged that on the date of occurrence, she was made to believe that her wages will be paid and taken to a lonely place where the petitioner committed rape on her. In course of investigation, witnesses supported the prosecution case. Three months later, the girl was produced for her statement under Section 164 Cr.P.C. in which she has denied. It may be because of the undue pressure on her. It appears that in

Patna High Court Cr.Misc. No.16986 of 2016 (2) dt.25-04-2016 2/2 course of investigation made immediately after recording the F.I.R., the witnesses have supported the prosecution case. In the fitness of things, this Court is not inclined to privilege the petitioner with anticipatory bail. Prayer is, accordingly, rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T