Bam Bam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27314 of 2022 Arising Out of PS. Case No.-26 Year-2020 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Bam Bam Singh Son Of Karjun Singh Resident Of Village - Jodhanbigha, Police Station - Shekhopur Sarai, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 376 of the Indian Penal Code and Section 4/8 of the Protection of Children From Sexual Offences Act. It is alleged against the petitioner that he committed rape upon the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The medical report does not corroborate the prosecution version as the medical board

Patna High Court CR. MISC. No.27314 of 2022(3) dt.28-11-2022 2/2 assessed the age of the victim between 18-19 years and did not find any sign of sexual assault upon the informant.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the victim has specifically alleged against the petitioner that he committed rape upon her. She in her 164 Cr.P.C statement has also corroborated the same facts. Considering the fact that there is direct allegation against the petitioner that he committed rape upon the informant, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T