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Patna High CourtCR. MISC./49548/2018rejected

Pankaj Kumar v. The State Of Bihar

2018-09-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49548 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== Pankaj Kumar, Son of Kuldeep Singh, Resident of Village- Patliya Tola, Police Station- Alamnagar, District- Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 376, 506/34 of the Indian Penal Code.

According to F.I.R., the petitioner allegedly ravished to the informant. The informant has supported the allegation in her statement under Section 164 of the Code of Criminal Procedure.

Learned counsel for the petitioner has taken the Court to the details of the F.I.R. as well as statement of the victim girl under Section 164 of the Code of Criminal Procedure and submits that there is serious contradiction in both the statements as well as there is case and counter case

Patna High Court Cr.Misc. No.49548 of 2018(2) dt.24-09-2018 2/2 between the parties.

At this stage, in my view, there is nothing to disbelief the victim. Hence, I am not inclined to enlarge the petitioner, above named, on anticipatory bail in connection with Alamnagar Police Station Case No. 73 of 2018 pending in the court of learned Additional Chief Judicial Magistrate, Udakishunganj, Madhepura.

Let the petitioner surrender within three weeks and pray for regular bail.

(Birendra Kumar, J) abhishek/- U T