Upendra Mahto @ Upendra Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32816 of 2014 Arising Out of PS.Case No. -31 Year- 2013 Thana -MAHILA P.S. District- SAMASTIPUR ======================================================

1. Upendra Mahto @ Upendra Kumar Mahto son of Badri Mahto Resident of village - Ram Nagar, P.S. Hasanpur, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-02-2015 Heard both sides.

The petitioner apprehends his arrest in Mahila (Women) P.S. Case No. 31 of 2013 registered under sections 363A/376/34 of the Indian Penal Code.

The informant named the petitioner and alleged that the petitioner kidnapped her.

Learned counsel for the petitioner submits that the victim was recovered but her statement under section 164 Cr.P.C. was not recorded. At the time of her recovery she has made her statement on 10th of April 2014. All the allegations are false and concocted. On perusal of record it appears that there is very specific allegation against the petitioner that he kidnapped the victim along with Dilip Mahto and she also alleged that both the

Patna High Court Cr.Misc. No.32816 of 2014 (2) dt.03-02-2015 2/2 accused forcibly raped her. The victim disclosed her age to be 14 years.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly the same is rejected.

(Prabhat Kumar Jha, J) M.Rahman/- U T