Gauri Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27181 of 2024 Arising Out of PS. Case No.-337 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Gauri Prasad Son of Matukdhari Prasad Resident of Village- Tikam, P.S.- Madhuban, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2024 Heard the learned counsel for the parties.

2. The petitioner apprehend his arrest in connection with Madhuban P.S. Case No. 337 of 2022 registered for offences under Section 376D of the Indian Penal Code, Section 4, 6 of the POCSO Act and Section 67 of the I.T. Act.

3. As per the prosecution case, petitioner is alleged to have committed rape with the victim.

4. Considering the direct allegation of rape against the petitioner, this court is of the considered opinion that petitioner does not deserve the privilege of anticipatory bail in the present case.

5. The application for anticipatory bail is, accordingly, dismissed.

6. The petitioner must surrender in the court below

Patna High Court CR. MISC. No.27181 of 2024(2) dt.01-05-2024 2/2 within a period of four weeks from today and seek regular bail, if so advised.

7. If such a petition is filed in the court below for grant of bail, then the same may be considered on its own merit without being prejudiced by this order.

(Sandeep Kumar, J) Shishir/- U T