Sunil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29383 of 2017 Arising Out of PS.Case No. -131 Year- 2012 Thana -LAXMIPUR District- JAMUI ====================================================== Sunil Das Son of Sita Ram Rabids, Resident of Village- Karara, P.S. Laxmipur, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Laxmipur P. S. Case No. 131 of 2012 registered for the offences punishable under Sections 376(G) of the Indian Penal Code. Diary in the present case was called for earlier, which has, since been received.

Considering the facts and circumstances and after differing with the opinion in the charge-sheet, the court below has taken cognizance of the matter and, accordingly, the petitioner is facing apprehension of custody.

Learned counsel appearing on behalf of the State also after perusal of the case diary has pointed out to several paragraphs of the case diary in which one independent witness has stated that she had found the victim lady groaning in a field who had narrated to her the entire occurrence.

Patna High Court Cr.Misc. No.29383 of 2017 (4) dt.21-07-2017 P2/2 Considering the nature of allegation and materials surfaced in the case diary, I am not inclined to grant anticipatory bail to this petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) Saif/- U T