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Patna High CourtCR. MISC./6771/2017dismissed

Vikash Kumar v. The State Of Bihar

2017-04-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6771 of 2017 Arising Out of PS.Case No. -261 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== Vikash Kumar S/o Haridayal Singh, Resident of Village- Amrai Nawada, P.S.- Bihiya, District- Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Ms. Rina Sinha, Advocate For the Opposite Party/s : Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Bihiya P.S. Case No. 261 of 2016 registered for the offences punishable under Sections 366A, 363 and 120B/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the victim and also for committing rape upon her. However, it has been submitted on behalf of the petitioner that both the parties are next door neighbours and there is love affairs between the petitioner and the informant but under pressure of the family members she has deposed under Section 164 Cr.P.C. against the petitioner.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.6771 of 2017 (3) dt.11-04-2017 2/2 for anticipatory bail stating complicity of the petitioner has come in the statement of the victim under Section 164 Cr.P.C. Heard both sides and considering the statement of the victim girl under Section 164 Cr.P.C., I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected.

(Vinod Kumar Sinha, J) spal/- U