Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21961 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== RAJU KUMAR Son of Nand Kishor singh Resident of Purvi Ismailpur, P.S.- Ismailpur, District - Vaishali , Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-10-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mahila P.S. Case No. 119 of 2019/POCSO Special Case No. 223 of 2019, registered for the offences punishable under Sections 376, 34 and 114 of the Indian Penal Code and section 6 of the POCSO Act.

As per the prosecution case, this petitioner is alleged to have committed rape with the informant (minor). It is submitted on behalf of petitioner that petitioner has falsely been implicated in this case. No neighbour has taken name of this petitioner. There is no evidence of sexual assault in

Patna High Court CR. MISC. No.21961 of 2020(3) dt.06-10-2020 2/2 medical report. Petitioner has got no criminal antecedent as mentioned in para 3 of the bail petition.

Considering the facts aforesaid and the fact that the victim girl in her statement under Section 164 Cr.P.C has duly supported the prosecution version, I am not inclined to enlarge the petitioner above-named on anticipatory bail in connection with Mahila P.S. Case No. 119 of 2019/POCSO Special Case No. 223 of 2019 Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T