Achaldev Kumar@Achaldev Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42125 of 2019 Arising Out of PS. Case No.-77 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== ACHALDEV KUMAR@ACHALDEV SAHANI Son of Babu Lal Sahani, Resident of Village - Majuraha, P.S.- Turkauliya, Dist.- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Motihari Mahila P.S. Case No. 77 of 2018, registered for the offences punishable under Sections 341, 342, 376 (D)/34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

As per F.I.R. allegation against the petitioner is that he and other accused persons have committed rape with the informant.

Submission of the learned counsel for the petitioner is that allegation of rape is against other accused persons. There is allegation of catching hold the hand of the victim against the petitioner. Further submission is that during investigation it was revealed that there was some enmity between the informant and petitioner family due to which he has been falsely implicated in

Patna High Court CR. MISC. No.42125 of 2019(5) dt.21-10-2019 2/2 this case.

On the other hand, learned A.P.P has opposed the prayer of bail on the stating that there is direct allegation against the petitioner.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record without being prejudice by dismissal of this order possible on the same day. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T