Arvind Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17959 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- PIPRAKOTHI District- East Champaran ====================================================== ARVIND KUMAR CHAUDHARY, Son of Awadhesh Chaudhary, Resident of Village - Watganj, P.S.- Pipra Kothi, Distt - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Pipra Kothi P.S. Case No. 275 of 2018 registered for the offences punishable under Sections 376(G) and 506/34 of the Indian Penal Code.

Allegation is of committing gang rape upon the informant against the petitioner.

Submission of learned counsel for the petitioner is that there is contradiction between the first statement made before the police and the statement made before the Magistrate under Section 164 Cr.P.C. and prosecution case appears to be not believable as nobody will dare to commit rape in front of his mother and sister.

Heard learned APP also.

In view of nature of allegation, I am not inclined to

Patna High Court CR. MISC. No.17959 of 2019(3) dt.17-06-2019 2/2 grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and makes prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by this order and to be disposed of, if possible, on the same day.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T