Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40758 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -NARHAT District- NAWADA ====================================================== Akhilesh Kumar, Son of Birju Yadav, Resident of Village- Nadsena, P.S.- Sitamarhi, District- Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma, Adv. For the Opposite Party : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Narhat (Sitamarhi) P.S. Case No.07 of 2017, registered for the offence punishable under Section 366 (A)/34 of the Indian Penal Code.

On perusal of the statement of the victim girl, this Court feels that the F.I.R. has been lodged under the wrong sections as it is out and out a case of commission of rape upon the victim girl. Hence, the Court below while framing the charge will examine the entire material and framed the charge against the petitioner.

Patna High Court Cr.Misc. No.40758 of 2017 (2) dt.21-09-2017 2/2 Looking to the nature of allegation, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.

(Shivaji Pandey, J) pawan/- U T