Patna High CourtCR. MISC./36202/2022dismissed

Rupesh Kumar v. The State Of Bihar

2022-11-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36202 of 2022 Arising Out of PS. Case No.-239 Year-2021 Thana- KASHICHAK District- Nawada ====================================================== RUPESH KUMAR SON OF DILIP SINGH Resident of Village- Birnawan, P.S.- Kashichak, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP Mr.Deepak Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Kashichak P.S. Case No.239/2021, registered for the offence punishable u/s 366(A)/34 of the IPC.

Allegedly, the petitioner is said to have committed rape upon the daughter of informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to village politics. Petitioner is a student and has no criminal antecedent. It is further submitted that informant was ward candidate of ward

Patna High Court CR. MISC. No.36202 of 2022(3) dt.02-11-2022 2/2 no.3 and petitioner was representing on behalf of other party and was against the informant, due to this, he has been implicated in this case.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submits that there is a direct allegation against the petitioner. The statement of the victim was recorded u/s 164 Cr.P.C. in which, she has supported the prosecution case.

Having regard to the facts and circumstances of the case and considering the statement of the victim recorded u/s 164 Cr.P.C., I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T