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Patna High CourtCR. MISC./61864/2024bail rejected

Sanjeev Kumar v. The State Of Bihar

2024-09-17Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61864 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- DEEPNAGAR District- Nalanda ====================================================== Sanjeev Kumar son of Basudeo Chauhan Vill -Pawa Beldariya PsDeepanagar Dist -Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Kumari D/o Sunil Chauhan Resident of Village - Pawa Beldariya, Police station- Deepnagar, District- Nalanda. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Anil Kumar Singh, Advocate For the State :

Mr. Prem Kumar Jha, APP For Opposite Party No.2 :

Mr. Binit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 376, 452, 506, 354 and 34 of the Indian Penal Code and Sections 4 and 6 of the POCSO Act.

3. As per prosecution case, this petitioner is alleged to have committed rape upon the victim.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State and learned counsel appearing on behalf of the informant/Opposite

Patna High Court CR. MISC. No.61864 of 2024(2) dt.17-09-2024 2/2 Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific accusation that he committed rape. The victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case.

6. Considering the aforesaid facts and circumstances, nature of accusation and statement of the victim recorded under Section 164 of the Cr.P.C., the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T