Ankit Kumar Singh @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23057 of 2023 Arising Out of PS. Case No.-49 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== ANKIT KUMAR SINGH @ CHHOTU Son of Fulaki Singh Resident of village - Siswan Purab Patti, P.S.- Siswan, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Binay Krishna, Spl. PP For the Informant :

Mr. Ajay Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2023

1. Heard learned counsel for the petitioner and learned Special P.P. for the State along with learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 376, 307, 506 and 34 of the Indian Penal Code Sections 4/6 of the POCSO Act and Sections 3(i)(r)(s)(w) and 3(2)(va) of the SC/ST Act.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

4. The informant alleges that petitioner along with his brother forcibly took her to a secluded place and

Patna High Court CR. MISC. No.23057 of 2023(3) dt.09-08-2023 2/3 petitioner raped her and threw her in the river, but she knew swimming thus saved herself, it is next alleged that thereafter the villagers came and threatened her brother not to disclose the occurrence to anyone.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that earlier also she was raped by the petitioner, but then no FIR came to be instituted, it is thus submitted that this time also the petitioner has been falsely implicated alleging that he raped her.

6. Learned Special P.P. for the State along with learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner and the learned counsel for the informant submits that the petitioner got emboldened by the fact that the victim earlier could not gather courage against him to institute an FIR of committing a beastly act of rape and being emboldened, the present occurrence was committed.

7. Considering the submissions made by the

Patna High Court CR. MISC. No.23057 of 2023(3) dt.09-08-2023 3/3 learned counsel for the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

8. Accordingly, the present anticipatory bail application stands rejected.

(Satyavrat Verma, J) Rishabh/- U T