Amit Kumar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.36052 of 2014 (3) dt.09-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36052 of 2014 Arising Out of PS.Case No. -35 Year- 2014 Thana -MAHILA PS District- DARBHANGA ====================================================== Amit Kumar Das son of Krishna Kumar Das, R/o village- Dihlahi, P.S.- Bishanpur, District- Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Ramchandra Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Darbhanga Mahila P.S. Case No. 35 of 2014 registered for the offences punishable under Sections 342, 376D, 323/34 of the Indian Penal Code.

Allegedly, the informant went to see the fair on the occasion of Chaiti Durga in the night of 7.4.2014 and she was returning to her house at 4.00 am and as soon as she reached near the house of Dukhi Das the petitioner and other co-accused caught her and brought her in the house of Dukhi Das where she was rapped by the petitioner and others and when the information was going to be given, the accused persons and others assaulted them. Submission is of false implication and that love

Patna High Court Cr.Misc. No.36052 of 2014 (3) dt.09-04-2015 affairs in between the petitioner and informant was going on. The victim has been married with another person and now the matter has been compromised and a joint compromise petition has been filed in the court of learned S.D.J.M., Darbhanga. It has further been submitted that the FIR has been lodged after four days of the occurrence and the medical evidence also does not support the allegation, to which the learned APP opposes by submitting that the victim girl has been found aged about 15-16 years and this is a case of gang rape.

Considering the allegation attributed against the petitioner, this Court is not persuaded to grant the privilege of prearrest bail to the petitioner, accordingly, his such prayer stands rejected.

However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer for bail shall be considered on its own merit on the same day without being prejudiced by the present order. (Jitendra Mohan Sharma, J) avin/- U T