In a criminal miscellaneous matter, the Patna High Court refused an anticipatory bail prayer for the petitioner apprehending arrest in a rape case. The court directed surrender for regular bail consideration.
Prayer for anticipatory bail refused; direction to surrender and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.93 of 2020
Arising Out of PS. Case No.-28 Year-2019 Thana- MAHILA P.S. District- Samastipur
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PANKAJ KUMAR @ PANKAJ KUMAR MAHTO Son of Manoj Mahto Resident of Village - Baikunthpur Barhanda, P.S.- Ujiyarpur, Distt – Samastipur. ... Petitioner/s
Versus
The State of Bihar ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar, Advocate For the Opposite Party/s : Mr.Surendra Pd Singh, Addl Public Prosecutor
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Petitioner apprehends arrest in a case registered for offence under sections 377/34 of the IPC.
It is alleged that the petitioner, having found the informant alone in the house, he committed rape on her.
In view of section 164 Cr.P.C. statement of the victim in which she has made allegation against the petitioner, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.
(Prabhat Kumar Singh, J)
Shashi
U T
1 issue framed by the court
Whether the petitioner may be granted bail given the apprehension of arrest in a rape case.
2 provisions across 2 enactments
Pankaj Kumar @ Pankaj Kumar Mahto
The State of Bihar
Prabhata Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
