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Patna High CourtCR. MISC./20159/2018dismissed

Nepo Singh @ Nepo Ray v. The State Of Bihar

2018-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20159 of 2018 Arising Out of PS. Case No.-146 Year-2017 Thana- BEERPUR District- Begusarai ====================================================== Nepo Singh @ Nepo Ray S/o Balmiki Singh, R/o Village- Fazilpur, P.S.- Birpur, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malay Kumar Choudhary For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Birpur P.S.Case No. 146 of 2017, registered for offence punishable under Sections 376 and 511 of the Indian Penal Code.

The allegation against the petitioner is of tried to commit rape with the informant.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and there is also contradiction in the statement of the informant recorded under Section 164 Cr.P.C. in which she also stated that the petitioner had committed rape with her and in her written report she stated that the petitioner had attempted to commit rape. It is also submitted that the petitioner has clean antecedent.

Patna High Court Cr.Misc. No.20159 of 2018(2) dt.12-04-2018 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of allegation as mentioned in the F.I.R., as stated above application is disposed of with a direction that if the petitioner surrenders in the court below within four weeks from receipt of order and makes prayer for regular bail, the same shall be considered on its own merit on the basis of material available at that time without being prejudiced by this order.

(Vinod Kumar Sinha, J) sudha/- U T