Awadhesh Prasad @ Chhattu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40568 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -FATEHPUR District- GAYA ======================================================

1. Awadhesh Prasad @ Chhattu Son of Rajo Mahato resident of village - Kumbhiyatari, P.S. - Fatehpur, District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prithivi Raj Singh For the Opposite Party/s : Mr. Mustaque Alam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 376-G of the Indian Penal Code.

The victim made specific allegation against the petitioner that he injected some psychotropic substance and she became senseless. Petitioner and two other accused persons, namely, Shravan Prasad Kushwaha and Sanju Prasad committed rape with her one by one.

It is submitted that after nine days of the occurrence, F.I.R. was lodged. A female member is also made accused in the case which shows falsity of the case Having Considered the allegation made

Patna High Court Cr.Misc. No.40568 of 2015 (2) dt.05-10-2015 against the petitioner that the petitioner after injecting psychotropic substance committed rape along with two other accused persons, I am not inclined to grant anticipatory bail to the petitioner in connection with Fatehpur P.S. case No. 74 of 2014 pending in the court of Shri P. K. Jha, Judicial Magistrate, 1st Class, Gaya. This application for grant of anticipatory bail is, accordingly, rejected.

(Prabhat Kumar Jha, J) Amin/- U