Prahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48486 of 2016 Arising Out of PS.Case No. -90 Year- 2016 Thana -MARKAHI District- - ====================================================== PRAHLAD KUMAR S/O SHATRUDHAN CHOUDHARY RESIDENT OF VILLAGE- KOYLADIH, P.S.- MORKAHI, DISTRICT- KHAGARIA .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Rape has been committed by the petitioner over a girl aged about 13 years.

Learned counsel for the petitioner drew attention towards Annexure-3, petition filed by the informant who happens to be father of victim disclosing therein that victim had not disclosed name of assailant but he had named on account of disclosure having been made by the persons assembled there along with statement of the victim (Annexure2) having been recorded under Section 164 Cr.P.C. wherein also she had not named her assailant. So submitted that petitioner should be released on bail.

The learned Additional Public Prosecutor opposed the prayer.

The statement under Section 164 Cr.P.C. is influenced by Annexure-3 and on account thereof, found to be suspicious one.

Patna High Court Cr.Misc. No.48486 of 2016 (2) dt.14-12-2016 Consequent thereupon, prayer for bail is rejected at this stage.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T