Bikki Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.29915 of 2017 (3) dt.21-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29915 of 2017 Arising Out of PS.Case No. -320 Year- 2016 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Bikki Kumar Son of Bhagwati Rai @ Bhagwati Charan Resident of Village/Mohalla - Kiratpur, P.S. - Bhagwanpur, District - Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate. Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2017 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and learned APP for the State. The petitioner apprehends his arrest in Lalganj P.S. Case No. 320 of 2016 registered for the offences punishable under Sections 376, 511, 307 and other Sections of the Indian Penal Code.

The informant alleged that the petitioner called her to take money send by her husband but, the petitioner took her to different places and made an attempt to commit rape with her. The informant further alleged that the petitioner tied rope around her neck and put her in a well.

Learned counsel for the petitioner submits that from

Patna High Court Cr.Misc. No.29915 of 2017 (3) dt.21-08-2017 perusal of the FIR, itself, it appears that the victim moved all around with her consent with the petitioner and she filed a case making false allegation of snatching ornaments and making attempt to commit rape with her. The informant was found in the village of her maternal grand-father. The petitioner is the resident of the village in which the informant is married. The father of the petitioner is on inimical term with the maternal grand-father of the informant and that is why the petitioner has been implicated in the case but, it appears from perusal of the case diary that, ofcourse, the petitioner appears to be well acquainted with the informant and the petitioner took her to different places on the pretext of withdrawing money from ATM but thereafter the petitioner misbehaved with the victim and tried to outrage her modesty. During course of investigation, the witnesses have stated that the victim was taken out from the well.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) KKSINHA/- U T