Mukesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.361 of 2016 (3) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.361 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -DELHA District- GAYA ======================================================

1. Mukesh Kumar son of Surendra Saw resident of village - Yogapur, Police Station - Sherghati, District - Gaya (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. There is specific allegation of rape against the petitioner but submission on behalf of the petitioner is that there was dispute between the informant and her husband, for which, the informant had lodged a criminal case against her husband. It is further submitted that the informant asked the petitioner to become a witness in the aforesaid case but when the petitioner refused, the informant lodged this false case against the petitioner with concocted story.

I am not, at all convinced with the aforesaid submissions and from perusal of the case diary; I find that not only the informant but her mother also, supported the prosecution story.

Patna High Court Cr.Misc. No.361 of 2016 (3) dt.17-02-2016 Accordingly, prayer for bail of the petitioner in connection with Delha P.S. Case No. 128 of 2015 pending in the court of Sri Jigar Shah, learned Judicial Magistrate-Ist Class, Gaya stands rejected.

(Hemant Kumar Srivastava, J) A.K.V./- U T