Bipin Rajak v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28374 of 2015 Arising Out of PS.Case No. -727 Year- 2011 Thana -SAMASTIPUR COMPLAINT CASE DistrictSAMASTIPUR ====================================================== Bipin Rajak Son of Chamru Rajak Resident of Village - Desari, P.S. - Bibhutipur, District - Samastipur (Bihar).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Lalita Devi Wife of Rajiv Sah Resident of Village - Desari, P.S. - Bibhutipur, District - Samastipur (Bihar).

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mrs. Asha Devi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-10-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 376 of the Indian Penal Code.

The complainant alleged that the petitioner came to her house and committed rape with her on the point of pistol but in the meantime her mother-in-law came and caught the petitioner but he managed to flee away. It is submitted that there is a land dispute between the parties. The occurrence is said to have taken place on 06.09.2011 but the complaint case was filed on 08.09.2011.

Learned counsel for the opposite party no. 2 as well as learned A.P.P. opposed the prayer for anticipatory bail. It appears that there is very specific allegation against

Patna High Court Cr.Misc. No.28374 of 2015 (3) dt.09-10-2015 2/2 the petitioner that he committed rape with the prosecutrix. Considering the fact aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Complaint Case No. 727/2011. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T