Raju Rajbhar @ Teju Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70907 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- MAHILA P.S. District- Siwan ====================================================== RAJU RAJBHAR @ TEJU RAJBHAR SON OF LATE BABUNAND RAJBHAR R/O VILLAGE- NAUKA TOLA, P.O. AND P.S.- MAIRWAN, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 376(D) of the Indian Penal Code and u/s 4/6 of POCSO Act.

As per the prosecution case, co-accused /Madhav Gupta had developed friendship with the victim girl and on the call of Madhav Gupta the victim allegedly arrived at the orchard where all the accused persons, including this petitioner allegedly committed rape upon her.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that main accused of the case, namely, Madhav Gupta, and similarly situated accused namely,

Patna High Court CR. MISC. No.70907 of 2022(3) dt.27-06-2023 2/2 Kalindra @ Guddu Baitha have already been granted anticipatory bail by Co-ordinate Bench of this court vide Cr. Misc. 64009 of 2021 & 60236 / 2021. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Taking into consideration the fact that main accused of the case, namely, Madhav Gupta, has already been granted pre arrest bail by a co-ordinate Bench of this court coupled with clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO Act, Siwan in connection with Mahila PS case No. 22/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T