Arvind Bharti v. The State Of Bihar

Patna High Court Cr.Misc. No.27825 of 2016 (3) dt.19-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27825 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Arvind Bharti Son of Sri Ramesh Bharti resident of Village- Khambha, P.S:- Mali District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 19.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under section 376 and other minor sections of the Indian Penal Code and section 3 of the POCSO Act.

Petitioner is named in the first information report. Allegedly, he as well as FIR named accused Sablu Kumar Bharti forcibly took the informant towards a lonely place and the petitioner caught her hand whereas co- accused Sablu Kumar Bharti committed rape on her.

Submission on behalf of the petitioner is that the present case has been lodged by the informant at the behest of her family members as family member of the informant wanted to grab the land of maternal grand father of the petitioner but I am not at all convinced with the aforesaid submission because victim has not only supported

Patna High Court Cr.Misc. No.27825 of 2016 (3) dt.19-09-2016 the allegation of gang rape in her fardbeyan but also in her statement recorded under section 164 Cr.P.C.

Accordingly, prayer for bail of the petitioner in connection with Aurangabad Mahila P.S. Case no. 13/2016 stands rejected. shahid (Hemant Kumar Srivastava,J) U T