Rama Kant Kumar @ Boss @ Ramakant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63818 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- MAHILA PS District- Jehanabad ====================================================== RAMA KANT KUMAR @ BOSS @ RAMAKANT SHARMA S/o Siyaram Sharma R/o village- Mirzapur, P.S.- Sakurabad, District- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 376(D) of the Indian Penal Code and Section 4 of POCSO Act.

Informant in his written complaint has alleged that his daughter Rakhi Kumari aged about 19 years had gone to the matrimonial home of his another daughter. In the night of 16.03.2019 at 8:00 PM his daughters went to see Yagya and on returning alone his daughter Rakhi Kumari was forcibly taken by the petitioner and two other co-accused in the cabin situated in the field and co-accused Avinash Kumar committed rape upon her and petitioner was standing on the gate of the cabin. It has been submitted on behalf of petitioner that

Patna High Court CR. MISC. No.63818 of 2019(3) dt.20-11-2019 2/2 petitioner is innocent and has been falsely implicated in this case due to bad village politics. The medical evidence does not support any sexual assault on the victim. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Jehanabad Mahila Police Station Case No. 14 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T