Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70576 of 2018 Arising Out of PS. Case No.-63 Year-2018 Thana- PHULPARAS District- Madhubani ====================================================== Rakesh Kumar Rai Son of Mahendra Rai, Resident of Village- Khargama, P.S.-Phulpras, District - Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Gagan Deo Yadav, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 363, 366 and 376 of the Indian Penal Code and Section 3⁄4 of the POCSO registered in connection with Phulpras P.S. Case No. 63 of 2018.

3. It is submitted that the petitioner has been falsely implicated as evident from the very fact that no similar nature of complaint was made in the past by the victim girl who has stated about such occurrence which had taken place in the past in her deposition recorded under Section 164 of the Code of Criminal Procedure.

4. Having regard to the nature of accusations and gravity of offence alleged, as well as the petitioner having been named by the victim girl in her deposition in which she claims to be 12 years of age, this Court is not inclined to grant anticipatory bail to the petitioner. The bail petition stands dismissed. BT/Chandran (Vikash Jain, J) U T