Rupesh Das @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7404 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -KASBA District- PURNIA ====================================================== Rupesh Das @ Rupesh Kumar, son of Gopal Chandra Das, resident of Begum Bari, P.S.- Kasba, 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. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kasba P.S. Case No. 101 of 2016 instituted for the offence under Sections 376/34 of the Indian Penal Code.

There is allegation against the petitioner that he established physical relationship with the daughter of the informant who is mentally weak and when she became pregnant, the father of the petitioner gave a sum of Rs.5,000/- to the daughter of the informant for abortion.

Case diary has been received.

The learned A.P.P. has submitted that the informant who is mother of the victim in her statement made in paragraph-2 of the case diary and other witnesses in their statement in

Patna High Court Cr.Misc. No.7404 of 2017 (3) dt.16-03-2017 2/2 paragraphs 21, 22 and 23 of the case diary have supported the case of prosecution. The victim in her statement before the police as mentioned in paragraph 26 of the case diary has specifically taken the name of the petitioner of committing illegal act with her. Considering the facts and circumstances of the case, this Court does not find it a fit case for grant of anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

The petitioner is directed to surrender before the court below and pray for regular bail.

(Sanjay Priya, J) S.Ali/- U T