Md. Chotu @ Wasil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50134 of 2018 Arising Out of PS.Case No. -114 Year- 2018 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Md. Chotu @ Wasil Son of Md. Kalim Resident of Village - Latambari, P.S. - Bhawanipur, Dist - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar Mandal, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Bhawanipur P.S. Case No. 114 of 2018, registered for offences punishable under Sections 376 of the Indian Penal Code and Section 4 of the POCSO Act.

As per F.I.R., allegation against the petitioner is of committing rape upon the informant.

Submission of the learned counsel for the petitioner is that the present case has been lodged by the Uncle of the petitioner against the informant and the petitioner has falsely been implicated in this case and the statement of the victim girl was recorded under Section 164 in which she has supported the case.

Learned A.P.P. opposes the prayer for bail.

Patna High Court Cr.Misc. No.50134 of 2018 (2) dt.30-08-2018 2/2 In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T