Amresh Mandal @ Amresh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.42232 of 2018 (2) dt.19-07-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42232 of 2018 ======================================================

1. Amresh Mandal @ Amresh Kumar, Son of Shankar Mandal, Resident of Village- Bishanpur, P.S.- Supaul, District- Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2018 Heard both sides.

The petitioner apprehends his arrest in Supaul Mahila P.S. Case No.27 of 2018 registered under Sections 376, 323, 504, 506, 34 of the Indian Penal Code and Section 4 and 6 of the POCSO Act.

The victim made very specific allegation that the petitioner forcibly committed rape with her while she had gone to attend the call of nature.

The learned counsel for the petitioner submits that the victim herself made statement under Section 164 Cr.P.C. and she denied the allegation of rape against the petitioner. It appears that the victim is a minor girl. The occurrence took place on 02.03.2018 but the police did not take

Patna High Court Cr.Misc. No.42232 of 2018 (2) dt.19-07-2018 steps to get the statement of the victim recorded immediately. Statement of the victim was recorded only after more than one month.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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