Kapil Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41117 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== Kapil Kumar Mahto Son of Laddu Lal Mahto @ Ladu Lal Mahto Resident of Jawaharpur Konaila, Police Station-Ujiyarpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard the parties.

The petitioner seeks bail in Vibhutipur P.S. Case No. 92 of 2019, registered for the offences punishable under Section 376 of the Indian Penal Code.

Allegation is of committing rape upon the victim on the pretext of marriage.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Informant is major lady and is consenting party and as such, no offence under Section 376 is made out against the petitioner. Petitioner is in custody since 17.05.2019 having no criminal antecedent. In view of statement of victim recorded under Section 164 Cr.P.C and nature of allegation, I am not inclined to enlarge the petitioner above-named on bail in connection with

Patna High Court CR. MISC. No.41117 of 2019(4) dt.20-09-2019 2/2 Vibhutipur P.S. Case No. 92 of 2019. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T