Rashul Bakkho @ Rasu Bakkho v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1131 of 2016 Arising Out of PS.Case No. -505 Year- 2015 Thana -KOTWALI District- PATNA ====================================================== Rashul Bakkho @ Rasu Bakkho S/o - Late Chote Mian R/v - Kamla Nehru Nagar, P.S. - Kotwali, Distt. - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-02-2016 Heard Sri Vijay Kumar Sinha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in connection with Kotwali P.S. Case no.505 of 2015 registered for the offence under Section 376 and other allied Sections of the Indian Penal Code, has prayed for grant of anticipatory bail. Learned counsel for the petitioner, by way of referring to the averments made in the F.I.R., submits that the informant was having physical relation with the petitioner since last five years and, as such, it is not a case under Section 376 of the Indian Penal Code, whereas on perusal of the F.I.R. it is evident that the victim is a widow and made specific allegation that on 29.08.2015 the petitioner had forcibly committed rape and on protest she was

Patna High Court Cr.Misc. No.1131 of 2016 (3) dt.16-02-2016 2/2 assaulted.

In view of specific accusation in the F.I.R. I am not inclined to extend the privilege of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U