Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62936 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Manish Kumar, Son of Prabhakar Mandal, resident of Village- Jamuan, Police Station- Bhargama, District- Araria.

... ... Petitioner.

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Araria Mahila P.S. Case no. 72 of 2018, registered under Sections 376 and 313 of the Indian Penal Code. Petitioner is said to have committed rape for one year against the minor and physically challenged daughter of the informant and tried to abort her pregnancy of 6-7 months by administering her medicines on two occasions but in vain and fled away to Punjab.

Learned counsel for the petitioner has submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. There was some dispute between the parties and on the

Patna High Court Cr.Misc. No.62936 of 2018(2) dt.14-12-2018 2/2 intervention of the villagers the matter has been compromised between the parties.

On the other hand, learned APP for the State opposing the bail petition submitted that in such a heinous offence compromise is not maintainable.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for bail is hereby rejected. (Prakash Chandra Jaiswal, J) Trivedi/- U T