Lukman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53262 of 2021 Arising Out of PS. Case No.-29 Year-2021 Thana- MAHILA P.S. District- Araria ====================================================== Lukman S/o Ashfaque Resident of Village Balwaat, Ward No. 7, P.S. Tarabari, District Araria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No.29 of 2021, giving rise to Special (POCSO) Case No.14 of 2021, registered for the offences punishable under Sections 376(3), 341, 323, 504, 506 and 34 of the Indian Penal Code and Section 4 of the POCSO Act. The petitioner is said to have committed rape with the victim girl on the pretext of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail

Patna High Court CR. MISC. No.53262 of 2021(2) dt.17-05-2022 2/2 application.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner by submitting that the victim has supported the prosecution case in her statement recorded under Section 164 Cr.P.C.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T