Deepak Kumar Choudhary @ Deepak Chowdhary @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87027 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Deepak Kumar Choudhary @ Deepak Chowdhary @ Deepak Kumar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Jayaswal For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Mahila P.S. Case No. 15 of 2019 registered for the offences punishable under Sections 376, 366A, 323, 504, 506 of the Indian Penal Code.

The accusation against the petitioner is that he committed rape of 11 year old girl.

Submission on behalf of the petitioner is that there is major contradictions in the statement of informant as well as victim and moreover, the doctor did not find any sign of rape on the victim.

The statement of victim has been recorded under

Patna High Court CR. MISC. No.87027 of 2019(2) dt.14-02-2020 2/2 section 164 of the Cr.P.C in which she specifically stated that appellant committed rape on her.

Considering the aforesaid facts and circumstances as well as submission of the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner and, accordingly, his prayer for anticipatory bail in connection with Mahila P.S.Case No. 15 of 2019, pending in the court of Special Judge, POCSO Act, Muzaffarpur stands rejected.

(Hemant Kumar Srivastava, J) N.K/- U T