Anjit Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17508 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- SIKTI District- Araria ====================================================== ANJIT KHAN Son of Alimuddin Khan Resident of Village- Pararia Ward no.13, P.S.- Sikty, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP For the Informant :

Mr. Pankaj Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 376, 458, 354A, 354B and 511 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the petitioner entered the Gaushala, started to misbehave with her and made an attempt to commit rape. She was some how saved by her family members.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case for oblique reason which would also be evident from the fact that

Patna High Court CR. MISC. No.17508 of 2022(4) dt.23-12-2022 2/2 in her subsequent statement recorded under section 164 of the Cr.P.C. she has improved her story and states that she was raped. The petitioner is in custody since 15.1.2022 and chargesheet has been submitted in the case.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the material that has transpired in course of investigation specially her statement under section 164 Cr.P.C. wherein she has made categorical allegation against the petitioner of having committed rape on her, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Spd/- U T