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2023 Supreme(Pat) 132

RAJIV ROY
Kamla Kant Prasad @ Kamla Kant Prasad – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Ramakant Sharma, Sr. Adv., Rajesh Kumar, Santosh Kumar Pandey, Nilkamal.
For the Opp. Party : Mr. Usha Kumari 1, Apl. P.P.
For the Informant : M/s Amit Srivastava, Sr. Adv., Mirtunjay Kumar, Girish Pandey.

ORDER

Heard Mr. Ramakant Sharma, learned Senior counsel for the petitioner, Mr. Amit Srivastava, learned Senior Counsel, who represent the informant/victim girl as also Mrs. Usha Kumari No. 1, learned Spl. P.P. for the State.

2. Learned counsel for the petitioner is permitted and is granted to delete paragraph Nos. 5, 24 and 26 of the anticipatory bail application in course of the day.

3. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 18 of 2021 for the offence registered under Sections 6/9 (I) (c) of the POCSO Act, Section 3 (2) (v) of the SC/ST (POA) Act and Section 376 (2) (a) (iii), 376 (2) (b), 376 (3) of the Indian Penal Code.

4. As per the prosecution story, the informant who is brother of the victim girl ‘X’ complained that his sister told her that during 2017 ‘Dussehra’ festival, while the petitioner was posted as Dy. S.P., Head Quarter, Gaya forcibly committed rape upon her in his Government quarter in the night where she had stayed for a night prior to coming to Patna to serve as a Maid to the petitioner’s wife. The further allegation is that the date of birth of his sister being 16.05.2003, she was minor at the time of occurrence, she narrated

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