Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27036 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Raushan Kumar Son of Rajesh Yadav R/O Village - English, P.S. - Sabaur, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer, Adv.

For the Opposite Party/s :

Mr. Binod Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and the learned APP for State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

Petitioner apprehends arrest in connection with Sabour PS Case No 21 of 2020, instituted for the offence under Section(s) 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner made submissions to the extent that co-accused, namely, Deepak has already been allowed anticipatory bail and that the allegations have been levelled by the parents only in view of the intimate relations between the petitioner and the alleged victim girl who too is

Patna High Court CR. MISC. No.27036 of 2020(4) dt.25-01-2021 2/2 aged between 15 to 16 years.

The learned APP has pointed out from the case diary which has earlier been received that the victim, in her statement, recorded U/s 164 CrPC has supported the allegation. The petitioner's counsel, therefore, submits that he would be raising these issues for consideration at the time of making a prayer for grant of regular bail before the Court below. In view of such submissions, without expressing any opinion on merits of the rival submissions, this Court permits the petitioner's counsel to avail the remedy of regular bail by surrendering. This Court would observe that the Court below should consider the petitioner's prayer in the light of the aforesaid submissions without in any manner being effected by the rejection of his prayer for grant of anticipatory bail in the instant proceedings.

The application stands disposed off.

(Madhuresh Prasad, J) shyambihari/- U T