Binod Choudhary @ Binod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43431 of 2016 Arising Out of PS.Case No. -227 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Binod Choudhary alias Binod Kumar, son of Ramawtar Choudhary alias Babuchand Choudhary, resident of village- Jamuan, P.S. -Wazirganj, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Singh For the Opposite Party/s : Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-04-2017 Heard Sri Ramesh Singh , learned counsel for the petitioner , Sri Amit Kumar Rakesh, learned Additional Public Prosecutor as well as Sri Prithvi Raj Singh, learned counsel, who has appeared on behalf of the informant.

The petitioner, has approached this court with a prayer to grant bail in the event of his arrest or surrender in Wazirganj P.S. Case No. 227 of 2016 registered for the offence under Section 376 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that though it was alleged that victim was minor, during medical examination no positive sign was found and as such, it is a fit case for grant of anticipatory bail. He further submits that in the information given before the Police the victim had disclosed that she was repeatedly raped by the petitioner for several days

Patna High Court Cr.Misc. No.43431 of 2016 (6) dt.12-04-2017 2/2 however , while her statement was being recoded under Section 164 Cr.P.C. she disclosed as if she was raped on only one day. On aforesaid ground a prayer has been made for granting anticipatory bail.

Earlier photo copy of case diary was called for which has been received and placed on record. Learned Additional Public Prosecutor submits that besides the victim other witnesses on the basis of facts disclosed by the victim had corroborated the allegation.

Be that as it may, in the F.I.R. there is specific accusation against the petitioner. I do not find any ground for extending the privilege of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T