Akash Mahto @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32548 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -DARBHANGA District- DARBHANGA ====================================================== Akash Mahto @ Vivek Kumar, son of Ashok Mahto @ Ashok Kumar resident of Mohalla - Jurawan Singh, Naka No. 3, Gandhi Chowk, Ward No. 11, P.S. Town, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town P.S. Case No. 69 of 2017, registered under Sections 376(D) of the Indian Penal Code, Section 4/6 of POCSO Act and Sections 67, 67(A) and 67(B) of the Information and Technologies Act, pending in the court of the 1st Addl. Sessions Judge-cum-Special Judge (POCSO Act), Darbhanga. The allegation of informant Sapna Kumari @ Sweety, who is a student of Class-X, is that before two years she came in contact with the petitioner due to love affairs and also on the assurance that the petitioner will perform marriage with her. The petitioner made physical relation with the informant several

Patna High Court Cr.Misc. No.32548 of 2017 (3) dt.10-08-2017 2/3 times at the house of Krishna Mahaseth. It is further alleged that Prince and Sawan Kumar also tried to make physical relation with her and she was brought at the house of Krishna Mahaseth, where petitioner and Prince raped upon her and also made her nude video and threatened her to make it viral. Thereafter, she was again called at the house of Krishna Mahaseth, where all the accused persons, named in the F.I.R., committed rape upon her one by one after serving her intoxicated drink. Learned counsel for the petitioner submits that, in fact, there is land dispute in between father of the informant and the uncle of the petitioner regarding which case and counter case has also been filed and also due to election rivalry, the petitioner has falsely been implicated in this case. Moreover, in the medical examination, the age of the victim was assed between 17 to 18 years and she appears from the medical report that she is a habitual obsess about sex.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered

Patna High Court Cr.Misc. No.32548 of 2017 (3) dt.10-08-2017 3/3 by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T