Mithlesh Kumar @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2833 of 2021 Arising Out of PS. Case No.-188 Year-2019 Thana- FATEHPUR District- Gaya ====================================================== MITHLESH KUMAR @ MITHLESH YADAV, S/o Mahendra Yadav R/o village- Bagodar, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Saxena For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-07-2021 Heard Mr. Anil Kumar Saxena, learned counsel for the petitioner and Mr. Suman Kumar Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Fathepur P. S. Case No. 188 of 2019, dated 22.08.2019, instituted for the offences under Sections 376 (D) of the Indian Penal Code and Section 6 of the POCSO Act, 2012.

The accusation against the petitioner and another is of ravishing a young girl while she had gone out to ease herself.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.2833 of 2021(2) dt.22-07-2021 2/2 submitted there is a mis-match between the statement recorded under Section 164 Cr.P.C. and the F.I.R. and the injury report also does not fully support the ocular testimony.

However, regard being had to the nature of accusation against the petitioner for having raped a minor girl, I am not inclined to exercise my discretion for grant of anticipatory bail to him.

The prayer for anticipatory bail is rejected. (Ashutosh Kumar, J) skm/- U T