Bishun Rajak @ Bishun Baitha @Vishnu Rajak@Vishnu Vaitha v. The State Of Bihar

Patna High Court Cr.Misc. No.45717 of 2015 (3) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45717 of 2015 Arising Out of PS.Case No. -187 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Bishun Rajak @ Bishun Baitha @ Vishnu Rajak @ VIishnu Vaitha Son of Rajendra Baitha Resident of Khaderpura, P.S. Kurja, District - Muzaffarpur, Bihar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Kumar Singh For the Opposite Party : Mr. Pramod Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel for the State The petitioner is apprehending his arrest in connection with Vaishali P.S. Case No. 187 of 2015 pending in the Court of CJM, Vaishali at Hajipur for the offences instituted under Sections 376 and 420 of the Indian Penal Code.

As per prosecution case, it is a case of rape upon the informant by the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The present case has been brought on the basis of a complaint case. The alleged date of occurrence is said to be 22.02.2015 and the complaint was filed on 26.02.2015. No explanation in respect to delay in instituting the

Patna High Court Cr.Misc. No.45717 of 2015 (3) dt.01-02-2016 case has been made on behalf of the prosecution. The victim has not been medically examined to ascertain the allegation made in the complaint case. From perusal of Annexure-3, it would appear that there is no such lady with the name of the complainant in the village-Karja Khalilpur, Post-Pratappur, P.S.Karja, DistrictMuzaffarpur. Petitioner is said to have been falsely implicated at the instance of the Chaukidar which is evident from perusal of Annexure-2 to the present application.

On behalf of the State, it has been submitted that there is a direct allegation of commission of rape upon the petitioner and the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order and if possible the same may be disposed of preferably on the same day. (Sudhir Singh, J) B.Kr./- U T