Babloo Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.16845 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16845 of 2015 Arising Out of PS.Case No. -163 Year- 2014 Thana -RAJAULI DistrictNAWADA ====================================================== Babloo Kumar Son of Ganesh Yadav Resident of village - Simarkol, P.S. Rajauli, District - Nawada .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hansraj, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.

The petitioner apprehends his arrest in Rajauli P.S. Case No. 163 of 2014, registered for the offences punishable under Sections 366, 376/34 of the Indian Penal Code. The prosecutrix alleged that Dashrath Kumar called her and forcibly got her seated on his motorcycle. One boy was also with him. They committed rape with her. Thereafter, the accused dropped her at Sirdalla Chowk and fled away. It is submitted that the petitioner is not named in the FIR.

From perusal of the FIR it would appear that immediately thereafter Dashrath was apprehended. Dashrath

Patna High Court Cr.Misc. No.16845 of 2015 (3) dt.02-07-2015 disclosed the name of the petitioner, as he was apprehended in presence of the informant. Dashrath alleged to have confessed and disclosed the name of the petitioner, but besides the confession of Dashrath, the witnesses namely Sadhu Yadav, Ravi Rajvanshi and Sunil Yadav disclosed that the petitioner and Dashrath were fleeing away but Dashrath was apprehended and the petitioner managed to flee away. The victim made very specific allegation of rape against the petitioner.

Hence, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi/- U T