Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76791 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== Rupesh Kumar Son of Pravin Sah @ Pappu Sah Resident of Village- Farreh, Ward No. 10, P.S.- Chautham, District- Khagaria. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bishweshwar Ram For the Opposite Party :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2020 Heard learned Counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in Chautham PS Case No. 181 of 2019 registered under Sections 376 IPC and Sections 4/6 of the Pocso Act.

It is submitted by petitioner's counsel that the petitioner has falsely been implicated in this case. The Medical Board has opined the victim's age between 18 - 20 years. The petitioner was on visiting terms since before and that there is variance in the statement of the victim recorded under Sections 161 and 164 Cr.P.C. Learned APP has opposed the prayer for bail.

The specific allegations levelled by the step grand-mother of the victim is that the victim girl was a minor and has been raped by the petitioner. The victim in her deposition has supported the allegations at the time of her deposition under Section 164 Cr.P.C. Considering the rival submissions this Court does not find it a fit case for grant of anticipatory bail. This application is dismissed.

SNkumar/- (Madhuresh Prasad, J) U T