Dipak Kumar @ Daya Nand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37006 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- KARPI District- Jehanabad ====================================================== Dipak Kumar @ Daya Nand Son Of Late Jagdish Singh Resident Of VillageKarpi Dih, Kushwaha Tola, P.S.- Karpi, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 376/506 of the Indian Penal Code and Section 4 of the Protection of Children From Sexual Offences Act.
It is alleged against the petitioner that on the point of pistol, he ravished the informant and continued the same act many times without consent of the informant.
It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. In fact, the informant has
Patna High Court CR. MISC. No.37006 of 2022(2) dt.01-12-2022 2/2 taken loan from the petitioner and when the petitioner insisted upon the informant and her mother to return his loan, this false case has been registered against him. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that there is direct allegation against the petitioner that on the point of pistol, he committed rape to the informant and continued the same for so many times.
In the facts and circumstance of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
The prayer for grant of anticipatory bail to the petitioner stands rejected.
(Sunil Kumar Panwar, J) Shageer/- U T