Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31892 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Mukesh Singh, Son of Late Chano Singh, Resident of Village- Telghi, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This is an application for grant of anticipatory bail in connection with Naugachia Mahila P.S. Case No. 63 of 2018, disclosing offence under Section 376 of IPC.

Allegation against the petitioner is of forcibly committing rape on the informant.

Submission of the learned counsel for the petitioner is that victim has not supported the prosecution case and she appears to be the consenting party.

Heard learned A.P.P. also, who has drawn my attention towards the impugned order, which shows that statement of the girl and another witness under Section 161 of Cr.P.C. and statement of the victim girl under Section 164 of Cr.P.C. fully supported the prosecution case and that disclosed that she was not consenting party.

Having heard both sides, in view of the allegation, I

Patna High Court CR. MISC. No.31892 of 2019(3) dt.25-07-2019 2/2 am not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T