Hitlar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74529 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== Hitlar Kumar S/o Ram Bilash Singh @ Bilash Singh, Resident of VillageBarhara, P.S. Chautham, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.

Petitioner apprehends his arrest in Chautham P.S. Case No.147 of 2018 registered under Sections 376, 504, 323 and other sections of the Indian Penal Code and under Sections 4 and 8 of the POCSO Act.

The victim made allegation that while she was all alone in her house, the petitioner entered and assaulted her and committed rape with her. On alarm her aunt came and caught the petitioner but the petitioner managed to flee away. Learned counsel for the petitioner submits that the victim made her statement under Section 164 Cr.P.C. but did not support her allegation of committing rape. The doctor did not find any injury on the person of the victim but it appears from perusal of the statement recorded under Section 164 Cr.P.C. of

Patna High Court Cr.Misc. No.74529 of 2018(3) dt.10-01-2019 2/2 the victim that the petitioner entered into her house, tied her hand and legs but on alarm her aunt came and saved her. Taking into consideration the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T