Vikash Kumar Chandan @ Vikash Chandan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18632 of 2018 Arising Out of PS. Case No.-92 Year-2017 Thana- MAHILA P.S. District- Rohtas ====================================================== Vikash Kumar Chandan @ Vikash Chandan, Son of Dr. Chandan Dwivedi, Resident of Mohalla- New Area, Pali Road, P.S.- Dehri Town, DistrictRohtas ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kanhaiya Pandey, Adv.
For the State :
Mr. Ganesh Prasad Singh, APP 198 For the informant :
Mr. Ajay Kumar Tiwari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner apprehends his arrest in connection with Dehri Mahila P.S. Case No. 92 of 2017 instituted for the offence under Sections 376, 323, 341, 342 and 506/34 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the alleged occurrence is said to have taken place on 27.12.2017 and the victim lady was medically examined on very next day, i.e., 28.12.2017 and the doctor did not find any sign of rape on her. Learned counsel for the petitioner further submitted that the informant after divorcing her first wife has developed relationship with this petitioner and both were known to each other. Learned counsel for the petitioner has
2/4 further submitted that the petitioner has been falsely implicated in this case because he raised objection for some extra marital affairs of the informant.
Learned counsel for the informant has denied of having extra marital affairs with other person. Learned counsel for the informant further submitted that injuries have been found on the person of the informant, which is available in paragraph 14 of the case diary.
The learned Additional Public Prosecutor has submitted that the doctor has found one abrasion over right eye and opinion was kept reserved with regard to the aforesaid injury and injury no. 2 was found to be simple in nature.
In the written report there is allegation that while informant was working in her house she heard sound and went over roof of house and found this petitioner climbing the roof. It is, further, alleged that the petitioner put country made pistol on her head and, thereafter, he took her in a kitchen room and injured her face with butt of pistol and committed rape with her twice. The victim has been medically examined on the very next day, i.e., 28.12.2017. The doctor did not find
3/4 any spermatozoa or any sign of rape.
Learned counsel for the petitioner, further, submitted that in paragraph 3 of the petition statement of the son of the informant has been recorded wherein he has stated that this petitioner used to come to the house and look after him and his mother and used to take care of him as father. Thus, under the circumstances, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dehri Mahila P.S. Case No. 92 of 2017 he shall be released on anticipatory bail on furnishing bail bond of Rs.
4/4 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) Shamshad/- U T