Kapil Kumar Mehta @ Kapil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28575 of 2015 Arising Out of PS.Case No. -107 Year- 2015 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Kapil Kumar Mehta @ Kapil Kumar Son of Surya Nand Mehta resident of village - Pathardeva, P.S. - Narpatganj, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 24-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. There is specific allegation of committing rape on informant against the petitioner but submission on behalf of the petitioner is that the informant lodged this case on account of land dispute. It is submitted that petitioner is agnate of Mausa of the informant and as a matter of fact, Mausa of the informant got instituted this false case and that is the reason, no sign of rape was found on the person of the informant when she was medically examined.

It would appear from the medical report that the victim was minor at the time of alleged occurrence and furthermore, she has specifically stated against the petitioner of committing rape on

Patna High Court Cr.Misc. No.28575 of 2015 (2) dt.24-07-2015 2/2 her in written report. I do not think it proper to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Narpatganj P.S.Case No. 107 of 2015, pending in the court of Judicial Magistrate 1st class, Araria stands rejected.

(Hemant Kumar Srivastava, J) Namita/- U T