Pappu Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29126 of 2018 Arising Out of PS. Case No.-45 Year-2017 Thana- AMDABAD District- Katihar ====================================================== Pappu Bhagat, son of Late Kali Charan Bhagat, resident of Village-Kishanpur, P.S. Amdabad, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Amdabad P.S. Case No.45 of 2017 registered under Section 376 of the Indian Penal Code besides Sections 4/8 of the POSCO Act, pending in the court of the Additional Sessions Judge-I-cum-Special Judge, Katihar.

The accusation is that the petitioner entered into the house of the informant Lalita Devi, while she was not present in the house, on the pretext of purchasing 'Upla' and seeing the minor daughter of the informant, namely, Kari Kumari, alone in the house, committed rape on her.

Learned counsel for the petitioner submits that while

Patna High Court Cr.Misc. No.29126 of 2018(2) dt.10-05-2018 2/2 the allegation of rape at the minor daughter of the informant has been made in the F.I.R. against the petitioner but the doctor has not found any marks of injury on her person.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T