Hemant Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53924 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -DHAMDAHA District- PURNIA ======================================================

1. Hemant Kumar Mahto son of Shiv Nandan Mahto R/o village - Bardalia, P.S. - Dhamdaha, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Dhamdaha P.S. Case No. 136 of 2016 registered under Section 366A/34 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Purnea.

Submission is that petitioner is innocent and has committed no offence. This case is lodged after two days of the alleged occurrence without explaining the delay. Further submission is that petitioner has no criminal antecedent. Learned A.P.P. opposed the prayer of the petitioner with submission that petitioner is named in the F.I.R. and the victim, in her statement recorded under Section 164 of the Cr.

Patna High Court Cr.Misc. No.53924 of 2016 (6) dt.21-02-2017 2/2 P.C., specifically stated that this petitioner along with co-accused has committed rape.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) Shailendra/- U T