Divikesh Ranjan @ Bholu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38541 of 2018 Arising Out of PS.Case No. -440 Year- 2017 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Divikesh Ranjan @ Bholu Son of Kameshwar Ray, resident of VillageBhatandi, P.S.- Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 The petitioner is apprehending his arrest in connection with Sakra P.S. Case No. 440/2017, registered for offences punishable under Sections 341, 323, 354, 376, 504, 509 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing rape upon the daughter of the informant.

Submission of learned counsel for the petitioner is that there is delay in lodging the F.I.R. and the witnesses have not supported the allegation during course of investigation and he has falsely been made accused in this case.

Heard learned A.P.P. also as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioner by stating that father and mother have supported

Patna High Court Cr.Misc. No.38541 of 2018 (3) dt.09-08-2018 2/2 the allegation during the course of investigation. Having heard both sides, in view of facts and circumstances of this case, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender and pray for regular bail which would be considered on the basis of materials available in the case diary, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T