Mahindra Rajak @ Kaila Rajak @ Mahendra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51656 of 2018 Arising Out of PS.Case No. -154 Year- 2018 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================

1. Mahindra Rajak @ Kaila Rajak @ Mahendra Rajak Son of late Ramchandra Baitha Resident of Village Pojhiya Pathiya, P.S. Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Lalganj P.S. Case No. 154 of 2018, registered for the offences punishable under Sections 341/323/354B/506 of the Indian Penal Code and Sections 8/10 of the POCSO Act. According to the FIR, the petitioner committed sexual assault against the informant, a girl aged about 11 years. Submission of the learned counsel for the petitioner is that for dispute arising between the two families for taking auction of a mango orchard, the present false case has been lodged. The case diary does not substantiate the aforesaid statement of the petitioner. Though the villagers have filed a

Patna High Court Cr.Misc. No.51656 of 2018 (3) dt.06-10-2018 P2/ petition before the Senior Superintendent of Police. However, there is no inquiry report on their petition. Considering the prima facie nature and seriousness of allegation, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. (Birendra Kumar, J) Mkr./R.RanjanU T