Patna High CourtCR. MISC./30463/2023bail rejected

Dinesh Mishra @ Dinesh Kumar Mishra v. The State Of Bihar

2023-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30463 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== Dinesh Mishra @ Dinesh Kumar Mishra Son Of Nand Jee Mishra Resident Of Village-Coat Majharia, Ps-Anjorpur, Dist-Baliya Up ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 376 of the Indian Penal Code.

3. Petitioner is said to have committed rape with the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that occurrence took place on 08.10.2022 but the FIR has been lodged on 20.01.2023 after delay of 3 months and 12 days without explaining any reasonable cause of delay. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposing the prayer

Patna High Court CR. MISC. No.30463 of 2023(2) dt.14-07-2023 2/2 for bail submits that the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has supported the prosecution case.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Mahila P.S. Case No. 03 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T