Chandrakishor Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 71590 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- BHIMPUR District- Supaul ====================================================== CHANDRAKISHOR MEHTA Son of Shyam Mehta Resident of VillageBhimpur P.S.- Bhimpur, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in connection with Bhimpur Police Station Case No 18 of 2019 instituted for the offence under Section(s) 366A of Indian Penal Code.

It is submitted by the petitioner's counsel that the petitioner has been implicated in this case falsely. It is further submitted that the victim girl has been recovered and her statement has been recorded under Section 164 of Criminal Procedure Code (for brevity, Cr P C) wherein she has not named the petitioner. The petitioner is stated to be having no criminal antecedent.

The learned APP for the State has opposed the prayer

Patna High Court CR. MISC. No.71590 of 2019(3) dt.19-12-2019 2/2 pointing out to the statement of the victim under Section 164 of Cr P C which is Annexure 2 to the application. It is submitted that the victim girl has supported the allegation of her being taken away and rape being committed by one named accused Dharmendra and his friend. The petitioner happens to be friend of the said Dharmendra.

Considering the rival submissions, gravity of the allegations as well as the statement of victim, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer is rejected.

(Madhuresh Prasad, J) M.E.H./- U T