Patna High CourtCR. MISC./20421/2020bail rejected

Sundeshwar Ram v. The State Of Bihar

2020-09-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20421 of 2020 Arising Out of PS. Case No.-551 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== SUNDESHWAR RAM S/o Asharfi Ram R/o village- Kataru, Dubey Tola, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-09-2020 The office has pointed out some defects. However, learned counsel of the petitioner submits that so far as defect No. 2 is concerned, the word anticipatory has been left to be typed in prayer portion of the petition.

In view of the aforesaid submission, let the defects, as pointed out by the office, be ignored.

Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State as well as learned counsel of the informant through video conferencing. Petitioner apprehends his arrest in connection with Paroo P.S. Case No. 551/19 registered for the offences punishable under Sections 376 of the Indian Penal Code and 4 / 6 of the POCSO Act.

The allegation against the petitioner is that he

Patna High Court CR. MISC. No.20421 of 2020(2) dt.29-09-2020 2/2 committed rape on informant, who happens to be minor girl. However, it is submitted on behalf of the petitioner that petitioner is next door neighbour of the informant and, as a matter of fact, the informant is a married major lady and due to some land dispute she lodged this false case. On the other hand, learned counsel of the informant submits that the informant is minor girl and, moreover, informant has supported the allegation in her statement recorded under Section 164 of the Code of Criminal Procedure. Regard being had to the above-stated facts and circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition stands rejected.

(Hemant Kumar Srivastava, J) Spd/- U T