Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55326 of 2017 Arising Out of PS.Case No. -260 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Mithun Kumar, Son of Manoj Mandal, Resident of village- Nashopur, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the Informant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 28-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Sultanganj P.S. Case No.260 of 2017 registered under Section 376 of the Indian Penal Code besides Sections 4 and 6 of the POCSO Act, pending in the court of the 1st Additional Sessions Judge, Bhagalpur.

The accusation is of committing rape upon the minor daughter of the informant by this petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the next door neighbour of the informant. Due to some dispute with regard to grazing of the

Patna High Court Cr.Misc. No.55326 of 2017 (2) dt.28-11-2017 2/2 cattle in the field, the present false case has been lodged. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected.

(Rajendra Kumar Mishra, J) P.S./- U T