Baidya Nath Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74251 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== BAIDYA NATH DAS SON OF JHAPSI DAS R/O VILLAGENARGHOGHI, P.S.- SARAIRANJAN, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 363, 366(A), 341, 509, 501, 506 of the Indian Penal Code, Section 8 of the POCSO Act and Section 67 of the IT Act.

It is alleged that the petitioner is said to have kidnapped and raped the victim.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. The petitioner neither kidnapped the victim nor committed any wrong with her. Petitioner claims clean antecedent.

Learned counsel for the State opposes the prayer for

Patna High Court CR. MISC. No.74251 of 2022(2) dt.05-05-2023 2/2 bail and submits that victim in her statement under Section 164 Cr.P.C. stated that the petitioner has committed rape upon her. It is further submitted that the victim is minor as per the medical report.

Considering the statement of the victim under section 164 Cr.P.C and the gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Alok Verma/- U T