Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9116 of 2017 Arising Out of PS.Case No. -32 Year- 2016 Thana -MAHILA PS District- GAYA ======================================================

1. Pankaj Kumar, Son of Sri Shaligram Paswan, Resident of VillageNawadah, P.S.- Sherghati, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Smt. Madhuri Lata (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 32 of 2016 (G.R. No. 2501 of 2016), registered for the offences punishable under Sections 376(G) of the Indian Penal Code and Section 4 of POCSO Act. Allegedly, the petitioner and co-accused Viksah Kumar committed rape one after another by entering into the house of the informant.

Submission is of false implication and that due to local politics the petitioner has been named in this case, the petitioner is a student and, as such, he deserves sympathetic consideration.

Patna High Court Cr.Misc. No.9116 of 2017 (4) dt.06-04-2017 2/2 The learned A.P.P. submits that the informant is a minor and the petitioner and co-accused have committed rape with her one after another.

In the facts and circumstances as stated above, considering the allegation attributed against him, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Mahila P.S. Case No. 32 of 2016 (G.R. No. 2501 of 2016), pending in the Court of learned Additional District & Sessions Judge-1st -cum- Special Judge (POCSO Act), Gaya.

(Jitendra Mohan Sharma, J.) Rajiv/- U T