Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65056 of 2023 Arising Out of PS. Case No.-27 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== Rahul Kumar Son Of Gopal Thakur Resident Of Village - Kamtaul, P.S. - Kamtaul, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukund Mohan Jha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard both parties.

2. The petitioner apprehends his arrest in Mahila (Kamtaul) P.S. Case No. 27 of 2021, registered for the offences punishable under Sections 354(B), 376(D) of the Indian Penal Code and section 4/6 of the POCSO Act.

3. As per the prosecution case, this petitioner along with other co-accused persons forcibly took the informant to an orchard and committed rape with her.

4. It is submitted by the counsel for petitioner that petitioner has been falsely implicated in this case because he has raised objection for illegal selling of wine by the shopkeeper due to that reason name of petitioner has been dragged in this case. Petitioner is a married man and claims clean antecedent.

5. Learned APP however, vehemently opposed the

Patna High Court CR. MISC. No.65056 of 2023(2) dt.16-10-2023 2/2 prayer for bail and submitted that the victim girl has supported the prosecution case in her statement under Section 164 Cr.P.C and the medical board has assessed her age between 16-17 years.

6. Considering the facts aforesaid and nature of accusation, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T