Munna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64327 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- MAHILA P.S. District- Siwan ====================================================== Munna Singh Son of Awadh Kishore Singh Resident of Village-Bhabhopali P.S. Barhariya Distt. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Tiwary For the Opposite Party/s :

Mr.Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-02-2019 Heard the parties.

The petitioner seeks pre-arrest bail in Siwan Town Mahila P.S.Case No.40 of 2018 registered under Sections 376 of the I.P.C. and 6/8 of POCSO Act.

Accusation is that the petitioner entered into the house of the informant Pravina Khatoon and committed rape upon her and when she raised alarm her parents and family members reached there and on seeing them the petitioner fled away through the outer door of the house.Further allegation is that before six months the petitioner had also assaulted her but the matter was pacified through panchayati.

Learned counsel appearing on behalf of the petitioner submits that due to earlier dispute and grudge the petitioner has

Patna High Court Cr.Misc. No.64327 of 2018(3) dt.01-02-2019 2/2 falsely been implicated in this case.

Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected. However, he is directed to surrender before the court below within a period of six weeks from today and pray for regular bail on its own merit without being prejudiced by this order.

(Rajendra Kumar Mishra, J) aks/- U