Raja Kumar @ Priyanshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42695 of 2024 Arising Out of PS. Case No.-35 Year-2024 Thana- KACCHWA District- Rohtas ====================================================== RAJA KUMAR @ PRIYANSHU KUMAR SON OF UPENDRA MAHTO @ UPENDRA KUMAR SINGH VILLAGE - MANGRAWAN, PSKACHHAWA, DIST- ROHTAS ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
NIRJAL YADAV SON OF LATE GODHAN SINGH VILLAGE - MANGRAWAN, PS- KACHHAWA, DIST- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Rupa Kumari, Advocate For the State :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 365, 376 and 34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.
3. As per prosecution case, on the alleged date and time of occurrence, while the minor daughter of the informant had gone to attend the call of nature, in the meantime this petitioner, along with co-accused person, caught her and committed rape.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been
Patna High Court CR. MISC. No.42695 of 2024(3) dt.22-07-2024 2/2 implicated in this case with ulterior motives. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that this petitioner is named in the F.I.R. and there is specific accusation that he committed rape. Moreover, the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.
6. Considering the aforesaid facts and circumstances, nature of accusation and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J) shashank/- U T