Raju Choupal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79975 of 2018 Arising Out of PS. Case No.-34 Year-2018 Thana- RAIYAM District- Darbhanga ====================================================== Raju Choupal Son Of Late Satrughan Choupal, Resident Of Village/Mohallah- Pacharhi, P.S.- Raiyam, District- Darbhanga. ... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2019 Heard both sides.

The petitioner apprehends his arrest in Raiyam P.S. Case No. 34/2018, registered for the offences punishable under Section 376 and 34 of the Indian Penal Code and section 3 and 4 of the P.O.C.S.O. Act.

The victim made allegation that petitioner and Mantun Choupal came with sickle and threatened her. Mantun Choupal untied her cloth and committed rape with her. Learned counsel for the petitioner submits that no allegation of rape is made against the petitioner and there is delay of seven months in lodging the case, but it appears that the petitioner also helped Mantun Choupal and threatened the minor girl to kill her and on such Mantun Choupal committed rape with the victim.

Patna High Court Cr.Misc. No.79975 of 2018(2) dt.11-01-2019 2/2 Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) vinita/- U T