Sarun Kumar @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53727 of 2018 Arising Out of PS.Case No. -155 Year- 2017 Thana -FALKA District- KATIHAR ======================================================

1. Sarun Kumar @ Arun Kumar Son of Bilo Ram @ Belo Ram resident of Bajraha, P.S. - Dhamdaha, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Falka P.S. Case No.155 of 2017, registered for the offences punishable under Section 376/34 of the Indian Penal Code and Section 3/4 of the POCSO Act.

It appears that co-accused Malkar Kumar having same allegation of commission of rape against the victim has already been allowed bail by the learned Special Judge, Katihar, considering the fact that the victim was aged about 18 years and the doctor has not found any sign of rape. Moreover, Malkar Kumar was in custody since 10.01.2018.

Considering the nature of allegation against the

Patna High Court Cr.Misc. No.53727 of 2018 (3) dt.26-09-2018 P2/ petitioner, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. (Birendra Kumar, J) Mkr./- U T