Ajeet Kumar v. The State Of Bihar

pIN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5824 of 2024 Arising Out of PS. Case No.-231 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Ajeet Kumar S/o Ramprakash Mahto R/o vill-Makhwa, Gara, Naula, P.SBhagwanpur, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Adv For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bhagwanpur P.S. Case No. 231 of 2022 dated 13.08.2023 registered for the offence punishable u/s 376(2)(J) (N), 506(2) of I.P.C. and Section 5(J) (ii) (L), 6 POSCO Act.

3. As per the prosecution case, the petitioner is alleged to have committed rape on the informant several times due to that she became pregnant. The petitioner threatened to kill her brother if she would disclose the incident to any one.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioners has no criminal antecedent as stated in

Patna High Court CR. MISC. No.5824 of 2024(2) dt.04-03-2024 2/2 para 3 of the bail petition. Learned counsel further submitted that the informant used to work as maid/servant in Surat.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner and submitted that there is specific allegation against the petitioner of committing rap on the informant several times and the allegation is serious in nature.

6. Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

7. The application stands rejected.

(Chandra Prakash Singh, J) jyoti/- U