Lokesh Kumar @ Lawkesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27100 of 2015 Arising out of PS.Case No. -23 Year- 2015 Thana -SAHODARA District- WEST CHAMPARAN(BETTIAH) ====================================================== Lokesh Kumar @ Lawkesh Kumar, S/o Bhola Ram, resident of VillageBedauli, Ps- Sahodara, District West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : Mr. Surendra Pd.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-09-2015 Heard learned counsels for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sahodra P.S. Case No. 23/2015 for the offences instituted under Sections 342, 376, 120(B) of the IPC and 6 of the Protection of Children from Sexual Offence Act, 2012.

The prosecution story, in brief, is that the informant Archana Kumari has alleged in her fardbeyan that her neighbour co-accused Rita Devi called her at her house and when the informant went at her house she saw the petitioner Lokesh Kumar there. Co-accused Rita Devi and the petitioner Lokesh Kumar tied her had and feet and thereafter the petitioner committed rape with

Patna High Court Cr.Misc. No.27100 of 2015 (3) dt.09-09-2015 2/2 her. When she became ill then she told to the petitioner and thereafter the petitioner gave her medicine and after taking such medicine blood stared oozing from her body and her condition became serious. Thereafter, she was brought to the M.J.K. Hospital by her parents, where she got treatment and in course thereof, her statement was recorded.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. It is further submitted that there is no medical report in the case diary to support the allegation made by the victim.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstance, I am not inclined to grant anticipatory bail to the petitioner in connection with Sahodra P.S. Case No. 23/2015, pending in the court of the learned C.J.M., West Champaran at Bettiah. The same is rejected. Anyhow, if the petitioner surrenders in the court below within a period of six weeks from the date of receipt/production of copy of this order the same shall be considered on its own merit without being prejudiced by this order.

U.K./- (Sudhir Singh, J) U T