Patna High CourtCR. MISC./27764/2016allowed

Ravikand @ Ravikant Kumar @ Kakku v. The State Of Bihar

2017-01-30Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.27764 of 2016 (3) dt.30-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27764 of 2016 Arising Out of PS.Case No. -38 Year- 2015 Thana -MAHILA PS District- GAYA ======================================================

1. RAVIKAND @ RAVIKANT KUMAR @ KAKKU Son of Late Awadhesh Singh Resident of Village - Khanpur, P.S. - Wajirganj, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. P.K. Sahi, Sr. Adv. : Mr. Vikas Kumar For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-01-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Gaya (Mahila) Police Station Case No. 38 of 2015, disclosing offences under Section 376 of the Indian Penal Code. Accusation is of rape.

Learned Senior counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to village politics. No occurrence as alleged in the F.I.R. has taken place. In fact, the victim is old lady having age of 75 years and the petitioner is aged about 24 years. In the medical report, annexure-3, the Doctor, who examined the

Patna High Court Cr.Misc. No.27764 of 2016 (3) dt.30-01-2017 victim, does not find any sign of rape on the person the victim, which itself falsify the allegation made against the petitioner in the F.I.R. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Gaya in connection with Gaya (Mahila) Police Station Case No. 38 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T