Bittu Yadav @ Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44564 of 2019 Arising Out of PS. Case No.-117 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== BITTU YADAV @ SATYAM KUMAR S/O Pramod Kumar Resident of Village- Kumhrar, P.S.- Tariyani, District- Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2019 Heard both sides.

The petitioner apprehends his arrest in Ahiyapur P.S. Case No.117 of 2019 registered under Sections 323, 376 and 34 of the Indian Penal Code.

The informant alleged that the petitioner called him at his residence and offered water. The informant after taking water became unconscious. The informant alleged that the petitioner outraged her modesty and committed rape. The learned counsel for the petitioner submits that the victim is of doubtful character. She has got two Aadhaar Cards one in the name of Neha Singh, C/o Munna Singh and in another Aadhaar Card, the name of the victim is Gajala Khatoon daughter of Munna Mian. It is further submitted that informant also lodged Muzaffarpur Mahila P.S. Case No.33 of 2019

Patna High Court CR. MISC. No.44564 of 2019(2) dt.19-07-2019 2/2 against someone else. No occurrence as alleged by the informant ever took place but it appears that the victim made specific allegation that it was petitioner, who committed rape after intoxicating her and the victim also reiterated the same fact 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 same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T