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Patna High CourtCR. MISC./29022/2015rejected

Harendra Mahto v. The State Of Bihar

2015-07-28Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29022 of 2015 Arising Out of PS.Case No. -157 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Harendra Mahto S/o Late Bigu Mahto, resident of village - Morsandi, P.s. - Motipur, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Singh For the Opposite Party/s : Mr. Navin Kr. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Motipur P.S. Case No. 157 of 2014 registered for the offences punishable under Section 376 of the Indian Penal Code and Sections 4, 6, 8, 10, 12 of POCSO Act.

The informant has specifically stated in her written report that victim disclosed the name of the petitioner before her and subsequently, when the statement of victim was recorded under Section 164 of the Cr.P.C, she specifically stated that she was raped by the petitioner twice as a result whereof, she became pregnant.

Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.29022 of 2015 (2) dt.28-07-2015 2/2 well as submissions of the parties, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Motipur P.S. Case No. 157 of 2014 pending in the court of Special Judge, POCSO Act, Muzaffarpur stands rejected.

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