Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16230 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Bipin Kumar Son Of Ram Bachan Singh Resident Of Vill- Ram Krishna Nagar, Near Indane Gas Godown/ Khusi Marriage Hall, P.S- Ram Krishna Nagar, Dist- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State assisted by learned counsel for the informant.

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 354-B, 448 and 34 of the Indian Penal Code pending in the Court of learned court of Sub-judge-XIII-cum-ACJM, Patna.

Petitioner along with other co-accused is said to have entered in the house of the victim and teased her on the point of knife and made video of the same and threatened to informant for

Patna High Court CR. MISC. No.16230 of 2022(2) dt.15-11-2022 2/2 consequences if matter will be informed to anyone. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is not named in the F.I.R. During the investigation statement of the informant was recorded under Section 164 Cr.P.C. in which she has taken the name of the petitioner. He further submits that statement of the informant was recorded under Section 164 Cr.P.C. after a lapse of two months. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Per contra, learned APP for the State along with learned counsel for the informant vehemently opposing the bail petition submitted that the victim has alleged against the petitioner that he has committed her rape in her statement recorded under Section 164 of Cr.P.C.

Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Ram Krishna Nagar P.S. Case No.165 of 2021, Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T