Rahul Kumar @ Rahul Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63806 of 2018 Arising Out of PS. Case No.-37 Year-2018 Thana- MAHILA P.S. District- Sheikhpura ====================================================== Rahul Kumar @ Rahul Tiwary, Son of Pramod Tiwari, Resident of VillageSamas Bujurg, P.S.- Barbigha, District- Sheikhpura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sheikhpura Mahila P. S. case no. 37/2018 (POCSO case no. 36/2018 registered under sections 341, 354, 452, 376 of the IPC and section 4 of the POCSO Act.

There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that the victim in her statement recorded under section 164 Cr.P.C has narrated a different story and she has not levelled allegation of rape against the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not think it proper to

Patna High Court Cr.Misc. No.63806 of 2018(2) dt.12-12-2018 2/2 extend the privilege of anticipatory bail to the petitioner and accordingly, his petition stands dismissed. However, this order shall not cause any prejudice at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) s.hassan/- U T