Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49234 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== Avinash Kumar S/o Shashikant Sharma R/O Village- Mirzapur P.S.- Shakurabag, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No. 14 of 2019, registered under Section 376 (D) of the Indian Penal Code and Section 4 of POCSO Act.

The allegation against the petitioner is that her daughter had gone to the Sasural of another daughter in village Mirjapur and in the night of 16.03.2019, while she was returning alone, the daughter of the informant was forcibly taken in a cabin situated in a field and the petitioner committed rape upon her and other accused persons guarded the place of occurrence and helped the petitioner in committing rape. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49234 of 2019(2) dt.07-08-2019 2/2 petitioner has falsely been implicated in this case due to oblique motive, he further submits that the statement of victim girl has been recorded under Section 164 Cr.P.C., in which, she has supported the occurrence, but, has not named the petitioner. He further submits that the medical report also does not corroborate the allegation made against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that the factum of rape has been narrated by the victim girl in her statement under Section 164 Cr.P.C. and further custodial interrogation of the petitioner is necessary, I am not inclined to grant anticipatory bail to the petitioner.

Accordingly, this application is dismissed.

(Anil Kumar Sinha, J) S.Katyayan/- U T