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Patna High CourtCR. MISC./50651/2016rejected

Rajendra Kumar @ Pinku Kumar v. The State Of Bihar

2016-12-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50651 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -NAWANGAR District- BUXAR ====================================================== Rajendra Kumar @ Pinku Kumar son of Sri Navratan Singh, S/o VillageKasth Bazar, P.S.- Navanagar, Distt. Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kritya Nand Jha For the Opposite Party/s : Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody in Navanagar P.S.Case No.125/16 arising out of Pacso Case No.26/16 registered for the offences under Sections 448, 342, 325, 307, 376 of the I.P.C. and Section 4 of Pacso Act,2012.

According to the F.I.R, the petitioner has committed rape on the informant, Soni Kumari. The victim in her restatement also has supported the aforesaid allegation. Soon after the occurrence the victim disclosed the offence to her mother who had also supported the allegation before the police.However, in 164 Cr.P.C. statement the victim has stated that the petitioner had entered into her house with illicit purpose and committed attempt to rape upon her.

Patna High Court Cr.Misc. No.50651 of 2016 (3) dt.22-12-2016 2/2 Considering the nature of allegation I am not inclined to grant bail to the petitioner.

The prayer for bail of the petitioner is rejected. (Birendra Kumar, J) AnilKrSinha/- U