Govind Kumar Singh @ Govind Singh @ Govind @ Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32826 of 2024 Arising Out of PS. Case No.-280 Year-2023 Thana- ITARHI District- Buxar ====================================================== Govind Kumar Singh @ Govind Singh @ Govind @ Shankar Singh Son of Late Mahesh Singh Resident of Village- Basantpur, P.S- Itarhi, Dist- Buxar ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Advocate For the State :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code and Section 8 of the POCSO Act.
3. As per prosecution case, this petitioner is alleged to have committed rape with minor daughter of the informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that this petitioner is not named in the F.I.R.. Name of this petitioner has transpired in this case during course of investigation on the basis of confessional statement of co-accused Nitish Kumar. It is further submitted that the F.I.R. has been lodged after delay of 3 days, without any explanation for the same. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.32826 of 2024(3) dt.03-07-2024 2/2
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that the victim in her statement recorded under Section 164 CrPC has categorically stated that this petitioner along with other co-accused persons committed rape with her.
6. Considering the aforesaid facts and circumstances and statement of the victim recorded under Section 164 CrPC, the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T