Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.27960 of 2016 (2) dt.02-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27960 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -PHULWARI District- PATNA ======================================================

1. Kundan Kumar S/o Sri Dina Nath Rai resident of Alampur Bichla tola, P.S. - Phulawari Sharif, Dist-Patna .... Petitioner

Versus

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

For the Petitioner : Mr. Tilak Sao, Adv. For the Opposite Party : Mr. Kanhaiya Kishore, APP 100 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-09-2016 Heard both the sides.

The petitioner apprehends his arrest in Phulwarisharif P.S. Case No. 35 of 2016 under Sections 376 and 504 of the Indian Penal Code.

The victim made allegation that while she was working in a field, the petitioner came from behind and committed rape with her. On alarm, the petitioner fled away. The learned counsel for the petitioner submits that the victim had taken loan from the father of the petitioner and on demand this false case has been lodged.

Considering the nature of the allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

The same is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √