Prem Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5678 of 2021 Arising Out of PS. Case No.-436 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== PREM MUKHIYA Son of Sahdev Mukhiya Resident of Village - Murgiya Tola, P.S.- Majhaulia, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Adya Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Majhauliya P.S. Case No. 436 of 2020 registered for the offences punishable under Sections 366(A)/494/34 of the Indian Penal Code.

Though the case is not registered under Section 376 of the Indian Penal Code, but from the statement of the victim girl, the case under Section 376 of the Indian Penal Code is also made out.

In the facts and circumstances of the case, this is not a fit case for grant of anticipatory bail.

It is, accordingly, dismissed.

The Investigating Officer of the case is directed to

Patna High Court CR. MISC. No.5678 of 2021(2) dt.24-11-2021 2/2 examine the case records and if case under Section 376 of the Indian Penal Code is made out against the petitioner, the Investigating Officer shall file an application before the learned Magistrate for adding Section 376 of the Indian Penal Code against the petitioner.

With the aforesaid direction, this application for anticipatory bail is dismissed.

(Sandeep Kumar, J) Saif/- U T