Patna High CourtCR. MISC./50623/2016rejected

Umesh Kumar v. The State Of Bihar

2017-01-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50623 of 2016 Arising Out of PS.Case No. -340 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Umesh Kumar son of Ajay Mahto Resident of Village- Rahimpur, P.S. Vaishali, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Vaishali P.S.Case No.340/15 for the offence under Sections 376 and 506/34 of the I.P.C.

Three persons including the petitioner had committed rape on victim Neelam Kumari, daughter of the informant. The victim has supported the aforesaid allegation in her statement recorded under Section 164 Cr.P.C.

Submission of the petitioner is that due to counter case lodged by the petitioner false case was filed. The counter case, i.e. Vaishali P.S. Case No.342/15 was definitely lodged after the present case.

Patna High Court Cr.Misc. No.50623 of 2016 (3) dt.17-01-2017 2/2 Considering the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail is rejected.

(Birendra Kumar, J) AnilKrSinha/- U