IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60415 of 2019

Arising Out of PS. Case No.-53 Year-2019 Thana- ARARIA District- Araria

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MUKESH MAHALDAR @ MUKESH BAHARDAR Son of Kare Bahardar

Resident of Village- Lahna Rampur, P.S. and District- Araria.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Baleshwar Kamat

For the Opposite Party/s :

Mr.Manoj Kumar

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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN

ORAL ORDER

2

26-09-2019

Heard learned counsel for the petitioner and learned

APP for the State.

2. The petitioner apprehends his arrest for the offences

alleged under Section 376/4 of the Indian Penal Code and

Section 4 of the POCSO Act, registered in connection with

Special (POCSO) Case No. 29 of 2019 arising out of Araria

(Mahila) P.S. Case No. 53 of 2019.

3. At the very outset, learned APP submits that the

petition for anticipatory bail is not maintainable under Section

438(3) Cr. P.C. as there is direct allegation against the petitioner

of having committed rape upon the informant’s daughter, who is

said to be 14 years of age.

4. Learned counsel for the petitioner has been heard.

5. Considering the specific bar as contained in Section

Patna High Court CR. MISC. No.60415 of 2019(2) dt.26-09-2019

2/2

438(3) Cr. P.C. the petition is held to be not maintainable and

accordingly stands dismissed.

HR/-

(Vikash Jain, J)

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