Patna High CourtCR. MISC./12766/2015rejected

Raghunandan Chauhan v. The State Of Bihar

2015-06-26Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.12766 of 2015 (4) dt.26-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12766 of 2015 Arising Out of PS.Case No. -48 Year- 2014 Thana -NARDIGANJ District- NAWADA ======================================================

1. Raghunandan Chauhan Son of Satya Narayan Chauhan Resident of village - Nanaura, P.S. Nardiganj, District - Nawadah. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 26-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Nardiganj P.S. Case No. 48 of 2014 registered for the offences punishable under Sections 341, 323, 324, 307, 376, 504/34 of the Indian Penal Code and Section 3(i) (x) (xi) of S.C./S.T. (Prevention of Atrocities) Act.

Petitioner is named in the first information report with allegation of gang rape.

Learned counsel for the petitioner tried to convince me placing this fact that when the statement of victim was recorded under Section 164 of the Cr.P.C., she did not name the petitioner and co-accused, Pramod Choudhary faced trial but

Patna High Court Cr.Misc. No.12766 of 2015 (4) dt.26-06-2015 acquitted of the charges by the trial court.

Considering the aforesaid facts and circumstances as well as nature of allegation levelled against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Nardiganj P.S. Case No. 48 of 2014 pending in the court of 1st Additional Sessions Judge-cum-Special Judge, Nawada stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T