Mantu Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70851 of 2021 Arising Out of PS. Case No.-57 Year-2016 Thana- JOGAPATTI District- West Champaran ====================================================== MANTU MUKHIYA Son of Late Singhasan Mukhiya Resident of Village - Khalwa Tola Piprahiya, P.S.- Yogapatti (Nawalpur), Distt.- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Yogapatti (Nawalpur) P.S. Case No. 57 of 2016 registered under Sections 341, 323, 376, 511, 504/34 of the Indian Penal Code and 8 of the POCSO Act.

Prosecution case in short is that the petitioner tried to commit rape upon a minor victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.70851 of 2021(2) dt.06-04-2022 2/2 petitioner. The petitioner has been falsely implicated in the present case. The alleged occurrence is said to have taken place on 11-02-2016 and the case has been registered on 02-03-2016. The delay in instituting the FIR has not been explained by the prosecution. Due to village politics, the petitioner has been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. There is specific allegation of attempt to commit rape upon the minor daughter of the informant against the petitioner. Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudice by this order.

(Sudhir Singh, J) A.K.V.//- U T