Patna High CourtCR. MISC./28334/2016dismissed

Sunil Kumar v. The State Of Bihar

2016-07-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28334 of 2016 Arising Out of PS.Case No. -60 Year- 2015 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ====================================================== Sunil Kumar, son of Sri Sita Ram Prasad, resident of village- Ugan Bigha, P.S. Hilsa, District- Nalanda .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amar Nath Singh For the Opposite Party/s : Mr. None. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2016 Heard Sri Amar Nath Singh, learned counsel for the petitioner and Sri Sunil Prasad, learned counsel, who has voluntarily appeared on behalf of the informant. None appeared on behalf of the State.

The sole petitioner, apprehends his arrest in Chiksaura P.S. Case No.60/2015 registered for the offence under Sections 363, 365 of the Indian Penal Code, subsequently Sections 376(G), 366, 380 of the Indian Penal Code was added, has prayed for grant of anticipatory bail.

Learned counsel for the petitioner submits that F.I.R. was lodged against unknown, however subsequently the petitioner was falsely implicated. He submits that initially the case was lodged against unknown and the petitioner name has come belatedly. On this very ground, he has made a prayer for extending

Patna High Court Cr.Misc. No.28334 of 2016 (2) dt.26-07-2016 2/2 the privilege of anticipatory bail.

Learned counsel for the informant by way of referring to statement of victim girl recorded under Section 164 Cr.P.C. submits that it is a case of gang rape, in which petitioner has been specifically alleged as one of the accused who raped her. Keeping in view the nature of accusation, I am not inclined to extend the privilege of anticipatory bail. The Court is surprise that even in such cases, the petitioner has dared to file anticipatory bail petition.

The petition stands dismissed.

Let a copy of this order be sent to the concerned Superintendent of Police.

(Rakesh Kumar, J) NKS/- U