Petitioner filed an application for anticipatory bail against charges of kidnapping and rape under Section 366(a), 376 IPC and POCSO Act. The court, noting direct allegations and victim statement under Section 161 Cr.P.C., rejected the bail prayed for.
Application for anticipatory bail is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1869 of 2022
Arising Out of PS. Case No.-300 Year-2021 Thana- DORIGANJ District- Saran
======================================================
VIKAS KUMAR SINGH Son of Ravindra Singh Resident of Village - Mirpur Juara, P.s.- Awtarnagar, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr.A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 01-08-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Doriganj P.S. Case no. 300 of 2021 instituted for the offence under Sections 366(a), 376 of the Indian Penal Code. and Sections 4/6 of the POCSO Act.
As per allegation in the FIR, petitioner had kidnapped the victim girl on the point of pistol and took her to Haridwar. There he used to rape her regularly and when he goes to duty, he keep the victim in intoxicated condition inside the locked room. One day, while the petitioner was sleeping, victim managed to escape and she reached to her home and narrated the story to his family members.
Patna High Court CR. MISC. No.1869 of 2022(3) dt.01-08-2022 2/2
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the victim girl has been examined medically nor her statement has been recorded u/s 164 Cr.P.C. Allegations levelled against the petitioner are ornamental in nature.
Learned APP appearing for the State has opposed the prayer of bail and submitted that statement of the victim girl was recorded under Section 161 Cr.P.C., wherein she has made direct allegation of kidnapping and rape against the petitioner.
Having heard learned counsel for the parties and taking into consideration that there is direct allegation of kidnapping and committing rape against the petitioner upon the victim girl, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in offences of kidnapping and rape.
Whether the allegations of kidnapping and rape constitute sufficient ground to reject the bail application.
2 provisions across 2 enactments
Vikas Kumar Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
