Sujit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27274 of 2020 Arising Out of PS. Case No.-555 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== SUJIT KUMAR SINGH Son of Sudarshan Prasad Singh Resident of VillagePiparpanti (Nasrat Khani), P.S.- Nathnagar (Lalmatia), District- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhuri Kumari For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Nathnagar (Lalmatia) P.S. Case No. 555/2019 registered for the offenses punishable under Sections 341/342/323/354(B)/ 420/376/120(B)/34 of the Indian Penal Code.
As per the prosecution case, petitioner is alleged to have committed rape upon the informant.
It is submitted on behalf of the petitioner that petitioner is unmarried brother-in-law (Dewar) of the informant and has been falsely implicated in this case only with a view of grab the job on compassionate ground. It is further submitted that there was a constant threat of false implication from the victim side and to avoid any false implication, the father of the
Patna High Court CR. MISC. No.27274 of 2020(5) dt.19-02-2021 2/2 petitioner had filed a petition under Section 39 of the Cr. P.C. before the learned Chief Judicial Magistrate, Bhagalpur on 29.08.2019 i.e., much before the lodging of the present case. However, learned A.P.P. appearing on behalf of the State vehemently opposed the bail application and submitted that the specific allegation of committing rape is against this petitioner which has been duly supported by the victim in her statement recorded under Section 164 Cr. P.C. In view of the aforementioned facts and circumstances and the nature of allegation levelled against the petitioner, I am not inclined to grant him anticipatory bail. It is, accordingly, rejected.
(Prabhat Kumar Singh, J) Saif/- U T