Patna High CourtCR. MISC./39082/2016dismissed

Shrawan Ram @ Shrawan Kumar v. The State Of Bihar

2016-09-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39082 of 2016 Arising Out of PS.Case No. -120 Year- 2015 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Shrawan Ram @ Shrawan Kumar S/o Ram Shankar Ram, R/o MohallaShash Ganj Bela, P.S- Laheriasarai, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shyameshwar Dayal For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-09-2016 Heard Sri Amit Kumar, learned counsel, who was assisted by Sri Shyameshwar Dayal, learned counsel for the petitioner and Sri Madhuranand Jha, learned Addl. Public Prosecutor.

The sole petitioner has approached this Court with a prayer to grant anticipatory bail in Laheriasarai P.S. Case No. 120/2015 registered for the offence under Sections 341, 323, 366(A), 372, 34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that of course, in the present case, the victim girl in her statement recorded under Section 164 of the Code of Criminal Procedure has implicated the petitioner and others and also stated that the victim girl was raped by one of the accused, in subsequent

Patna High Court Cr.Misc. No.39082 of 2016 (3) dt.26-09-2016 2/2 case i.e. Laheriasarai P.S. Case No.390/2015, her statement was recorded under Section 164 of the Code of Criminal Procedure, in which she has made a different statement. On the aforesaid ground, a prayer is being made for extending the privilege of bail to the petitioner.

However, after going through the material on record, particularly the statement of the victim girl recorded in the present case under Section 164 Cr.P.C., the Court is of the opinion that it is not a case for grant of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T