Nitesh Kumar @ Bela v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6428 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== NITESH KUMAR @ BELA, Son of Ram Prasad Rai, Resident of VillageGijas, Ward No.-07, P.S.- Saraiya (Jaitpur O.P.), Distt- Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Babu Rai, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2021 Heard Mr. Ram Babu Rai, learned Advocate for the petitioner and Mr. Sanjay Kumar Pandey, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Saraiya (Jaitpur O.P.) P.S. Case No. 248 of 2020 dated 22.04.2020 instituted for the offences under Sections 376(D) of the Indian Penal Code and 4 of the Protection of Children from Sexual Offences Act, 2012.

The petitioner and others are said to have subjected the prosecutrix to rape.

Learned counsel for the petitioner has submitted that medical report on the victim does not evince that she was subjected to gang rape.

Be that as it may, regard being had to the nature of allegation against the petitioner, I am not inclined to grant

Patna High Court CR. MISC. No.6428 of 2021(2) dt.14-12-2021 2/2 anticipatory bail to him.

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