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Patna High CourtCR. MISC./73633/2018dismissed

Anurag @ Mithu v. The State Of Bihar

2019-01-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73633 of 2018 Arising Out of PS. Case No.-33 Year-2018 Thana- IMAMGANJ District- Gaya ====================================================== Anurag @ Mithu Son of Late Mukesh Das @ Mukesh Mishra Resident of Malkhana Road, Purani Bazar, Masaurhi, P.S. Masaurhi, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-01-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Pocso Case No. 65 of 2018 arising out of Imamganj P.S. Case No. 33 of 2018 for the offence under section 366(A) of the Indian Penal Code and later on Section 376 of the Indian Penal Code and section 4 of Pocso Act was added.

In the instant case, case diary was called for. Learned APP with reference to the case diary submits that the materials have come to indicate petitioner's involvement in the present case.

Referring to the statement recorded under section 164 of the victim he submits that this petitioner has administered intoxicant and thereafter forcibly took her from one place to

Patna High Court Cr.Misc. No.73633 of 2018(3) dt.29-01-2019 2/2 another and committed rape against her will.

Considering the materials available on the record, the Court is not inclined to grant bail to the petitioner. However, the trial court is directed to conclude the trial at the earliest preferably within a period of nine months from the date of receipt/production of a copy of this order.

(Anil Kumar Upadhyay, J) Ravi/- U T