Patna High CourtCR. MISC./47051/2016rejected

Vishwanath Raut v. State Of Bihar And ANR

2016-11-16Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47051 of 2016 Arising Out of PS.Case No. -1805 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Vishwanath Raut Son of Late Jagdhari Raut Resident of Village- Basdeopur Chandel, P.S.- Mahnar, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubi Devi Wife of Sri Arun Rai Resident of Village- Daruapatti, P.S.- Patepur, District- Vaishali.

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-11-2016 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehend his arrest in connection with Complaint Case No. 1805 of 2015 for offences alleged under Sections 323, 376/34 and 379 of the Indian Penal Code. The allegation made in the complaint is that petitioner committed rape along with another accused when the complainant went in the mango orchard for attending the call of nature. It is alleged that the petitioner also snatched her gold ornaments and threatened her on the point of country made pistol. Earlier the petitioner had moved for anticipatory bail in Criminal Miscellaneous No. 33163 of 2016 which was rejected on

Patna High Court Cr.Misc. No.47051 of 2016 (2) dt.16-11-2016 2/2 20.08.2016. The petitioner has brought a medical certificate of Dr. P. Kumar vide Annexure-3 stating therein that the petitioner is suffering from cardiac complication (angina pain), High B.P. and will be under his treatment from 20.04.2016 to continue up to 20.11.2016. The said certificate does not appear to be genuine. Apart from this medical certificate there is no other ground stated by the petitioner.

Under such circumstances, the prayer for bail is rejected.

(Nilu Agrawal, J) Vats/- U T