Dhananjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59291 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- MAHILA P.S. District- Siwan ====================================================== Dhananjay Singh Son of Rajendra Singh Resident of Village - Shivrampur, P.S. Goreakothi, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2022 Heard both parties.

The petitioner apprehends his arrest in Mahila P.S. Case No. 41 of 2020, registered for the offences punishable under Section 376(D) of the Indian Penal Code. Prosecution case in brief is that while the informant had gone to attend the natural call, this petitioner and three coaccused persons took her away and committed rape with her. It is submitted that the occurrence took place on 28.06.2020, but the FIR was lodged on 01.07.2020 after delay of three days of the occurrence. During course of investigation, some witnesses have stated that no such occurrence has taken place as alleged in the FIR. It is further submitted that informant was medically examined and there was no sign of recent sexual intercourse.

Patna High Court CR. MISC. No.59291 of 2021(2) dt.04-07-2022 2/2 However, counsel for State vehemently opposed the prayer for bail and submitted that petitioner has been identified and named by the informant (victim lady).

In view of 164 statement of victim lady (informant), I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T