Patna High CourtCR. MISC./34792/2023bail rejected

Arvind Singh @ Arvind Kumar v. The State Of Bihar

2023-07-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34792 of 2023 Arising Out of PS. Case No.-80 Year-2023 Thana- SONO District- Jamui ====================================================== Arvind Singh @ Arvind Kumar Son of Balram Singh R/o Village - Koniya, P.S.- Charakapathar (O.P.), District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the State :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor (for brevity 'APP') for the State.

2. The petitioner is apprehending his arrest in connection with Sono (Charkapathar) P.S. Case No. 80/ 2023 registered for the offence punishable under Sections 376, 511, 379, 504, 506/34 of the Indian Penal Code (for brevity 'IPC').

3. There is allegation that the victim girl was caught hold by the petitioner and co-accused, namely, Golu Singh, and they have attempted to commit rape upon her, abused her and also assaulted her.

4. Learned counsel for the petitioner submits that the allegations have been levelled in the midst of a marriage ceremony, which renders the entire prosecution case to be doubtful. In fact, it is with extraneous consideration that the case

Patna High Court CR. MISC. No.34792 of 2023(2) dt.21-07-2023 2/2 has been lodged. Petitioner has not criminal antecedents.

5. Learned APP for the State, on the other hand, has submited that the allegation are with reference to place, which was isolated, being a cow-shed, away from the main marriage ceremony. Co-accused, namely, Golu Singh, was arrested whereas the petitioner manager to flee. The victim is also said to be a minor.

6. Having regard to the submissions advanced by the learned counsel for the State, nature of allegations, and the fact that the co-accused was arrested from the spot, this Court is not inclined to allow petitioner's prayer for grant of anticipatory bail.

(Madhuresh Prasad, J) Raj kishore/- U T