Pawan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28243 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Pawan Das Son of Sri Ram Sharan Das Resident of Village - Samadhpura, P.S. - Baheri, District - Darbhanga (Bihar).

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Opposite Party/s : Mr. Manoj Kumar No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2015 Heard learned counsel for the petitioner as well as learned counsel for the informant.

The petitioner apprehends his arrest in Baheri P.S. Case No. 78/2015, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The victim made allegation that the petitioner on the pretext of removing evil soul took her to a lonely place and committed rape with her.

It is submitted that the victim made statement that the rape was committed in presence of her mother, but the victim in her statement made under Section 164 of the Cr.P.C. gave altogether a different version. The mother has also stated different story. It appears that the entire case is false and concocted.

Patna High Court Cr.Misc. No.28243 of 2015 (4) dt.24-11-2015 2/2 Having considered the facts that the victim and the mother of the victim has very categorically stated that the petitioner took the victim to a lonely place for removing evil soul and committed rape, 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