Mukesh Mahaldar @ Mukesh Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60415 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- ARARIA District- Araria ====================================================== MUKESH MAHALDAR @ MUKESH BAHARDAR Son of Kare Bahardar Resident of Village- Lahna Rampur, P.S. and District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 376/4 of the Indian Penal Code and Section 4 of the POCSO Act, registered in connection with Special (POCSO) Case No. 29 of 2019 arising out of Araria (Mahila) P.S. Case No. 53 of 2019.

3. At the very outset, learned APP submits that the petition for anticipatory bail is not maintainable under Section 438(3) Cr. P.C. as there is direct allegation against the petitioner of having committed rape upon the informant's daughter, who is said to be 14 years of age.

4. Learned counsel for the petitioner has been heard.

5. Considering the specific bar as contained in Section

Patna High Court CR. MISC. No.60415 of 2019(2) dt.26-09-2019 2/2 438(3) Cr. P.C. the petition is held to be not maintainable and accordingly stands dismissed.

(Vikash Jain, J) HR/- U T