Patna High CourtCR. MISC./37296/2023dismissed

Rohit Kumar v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37296 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- BARIYARPUR District- Munger ====================================================== Rohit Kumar Son Of Ramashish Yadav Resident Of Village - Kajichak, P.S. - Bariyarpur, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sevak Choudhary For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376/414 of the Indian Penal Code.

3. Petitioner is said to have committed rape with the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the allegation against the petitioner has not been corroborated with the medical report. He submits that the informant failed to file any document with the written report in support of her allegation. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.37296 of 2023(2) dt.31-07-2023 2/2

5. Learned APP for the State opposing the prayer for bail submits that the victim in her statement recorded under Section 164 Cr.P.C. has supported the prosecution case.

6. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bariyarpur P.S. Case No. 56 of 2023.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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