Umesh Bhagat @ Nand Kishor Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30459 of 2020 Arising Out of PS. Case No.-18 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== UMESH BHAGAT @ NAND KISHOR BHAGAT S/o Ram Eakwal Bhagat R/o Vill.-Dadhua, P.S.-Patepur, Distt.-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Patepur P.S. case No. 18/2020 registered under Section 341, 323, 506, 376(g),34 of the IPC and u/s 4/6 of POCSO Act. The informant alleged that her niece, the victim, aged about 14 years, went to see the Puja but she did not return. She disclosed that six miscreants, including the petitioner, committed rape with her.

The learned counsel for the petitioner submits that parents of the victim after knowing the actual facts filed compromise petition. The doctor did not find any sign of sexual assault but from perusal of the FIR itself, it appears that there is

Patna High Court CR. MISC. No.30459 of 2020(2) dt.16-12-2020 2/2 very serious allegation against the petitioner that petitioner and others committed rape with victim, a minor girl. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T