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Patna High CourtCR. MISC./2344/2017rejected

Priyaranjan Kumar Thakur @ Pappu Thakur v. The State Of Bihar

2017-02-03Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2344 of 2017 Arising Out of PS.Case No. -99 Year- 2016 Thana -HARLAKHI District- MADHUBANI ====================================================== Priyaranjan Kumar Thakur @ Pappu Thakur, son of Sri Bishwanath Thakur, resident of village- Bituhar, P.S. - Harlakhi, District- Madhubani. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

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

For the Petitioner : Mr. Rajan, Advocate.

For the State : Mr. A. Mohan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------------- 03-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Harlakhi P.S. Case No.99 of 2016 registered under Section 376(D) of the Indian Penal Code and Section 6 of the POSCO Act, pending in the court of the Special Judge, POSCO Act, Madhubani.

The accusation is that on 21.06.2016 in the early morning, when the informant moved from her house to attend the call of nature, this petitioner and one Purshottam Thakur alias Narayanji, took her forcibly near Duguliya Bandh and committed rape on her. The informant narrated about the occurrence to her family members and on account of arranging Panchayati in the village,

Patna High Court Cr.Misc. No.2344 of 2017 (2) dt.03-02-2017 2/2 the information was not given to the police station on that day and on the next day (22.06.2016), the informant went to the police station and gave the written report.

Learned counsel appearing on behalf of the petitioner submits that while the informant was medically examined on 22.06.2016 but no sign of rape was found on her person. Further submission is that the petitioner having no criminal antecedent is in custody since 26.06.2016.

Having regard to the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant bail to the petitioner. Accordingly, the prayer of the petitioner for grant of bail stands rejected.

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