Kittu @ Kittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.210 of 2015 Arising Out of PS.Case No. -13 Year- 2014 Thana -MAHILA P.S. District- PATNA ====================================================== Kittu @ Kittu Kumar son of late Sunil Singh, resident of Village- Barah, P.S.- Ranitalab Kanpa, district- Patna.

.... .... Petitioner.

Versus

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

For the Petitioner : Mr. Md. Kamaluddin, Advocate. For the Opposite Party : Mr. Ashok Kumar Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2015 Heard both sides.

Petitioner apprehends his arrest in a case under Section 376/34 and other Sections of the I.P.C.

The prosecutrix has made very specific allegation against the petitioner that he committed rape with her. It is submitted that earlier the prosecutrix had filed Mahila P.S. Case No. 17 of 2012 against the petitioner in which he has been granted anticipatory bail by this Court vide order passed in Cr. Misc. No. 6985 of 2013. It is further submitted that on account of some strained relation, the present case is filed. The prosecution story itself appears to be improbable as all family members were present.

Patna High Court Cr.Misc. No.210 of 2015 (3) dt.09-04-2015 2 / 2 It appears that the victim made allegation against the petitioner that he committed rape with her, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in connection with Mahila P.S.Case No. 13 of 2014, pending in the court of the learned J.M. Ist Class, Patna. U.K./- (Prabhat Kumar Jha, J) U T