Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61820 of 2022 Arising Out of PS. Case No.-51 Year-2022 Thana- MAHILA PS District- Gaya ====================================================== 1.
Manish Kumar Son Of Late Dinesh Paswan R/O Vill.- Sinduari, P.S.- Koch, Distt.- Gaya 2.
Vishal Kumar Son Of Virendra Paswan @ Satyendra Paswan R/O Vill.- Narayan Bigha, P.S.- Tikari, Distt.- Gaya 3.
Amar Kumar Son Of Virendra Paswan @ Satyendra Paswan R/O Vill.- Narayan Bigha, P.S.- Tikari, Distt.- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siddharth Harsh For the Opposite Party/s :
Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 376D of the Indian Penal Code.
Petitioners are said to have confined the informant in a room and they sexually assaulted her.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the informant had not even a single bruise over her body and the medical report of the doctor clearly suggests that no rape was committed upon her. He submits that
Patna High Court CR. MISC. No.61820 of 2022(2) dt.23-02-2023 2/2 there is no specific overt act against the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail and submits that the victim in her statement recorded under Section 164 of the Cr.P.C. has supported the prosecution case. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Gaya Mahila P.S. Case No. 51 of 2022. (Anjani Kumar Sharan, J) devendra/- U T