In Gopal Mahto vs. The of Bihar and Others (2024), Justice Prabhat Kumar Singh of Patna High Court heard the case of the petitioner who apprehended arrest in a case registered for the offence punishable under sections 386, 376, and 511 of the IPC. The other respondent is Kavita Devi. The prosecution case was that on the point of knife the petitioner committed rape with the victim. In this case from Balapar, Rosera, Samastipur, the trial court disbelieved the petitioner who claimed that he was falsely implicated in the rape case due to a land dispute and the claim of clean antecedent. The trial court took cognizance only under Section 354 of the IPC. The Court's order has recorded that "No independent witnesses have supported the prosecution case." Justice Singh's order reads: "Considering the nature of accusation and gravity of offence, prayer for pre-arrest bail of the petitioner is rejected."
A SLP was filed in the Supreme Court on August 16, 2024. On September 4, 2024, Court's bench of Justices Dipankar Datta and Sanjay Karol passed an order. It reads: "Till the next date of hearing, the petitioner shall not be arrested in connection with C.R. No. 517/2022 pending on the file of the Additional Chief Judicial Magistrate, Rosera, Bihar." On December18, 2024, the Court's order stated that "Interim order, passed earlier, shall continue till the next date of hearing." The next date of hearing is on January 7, 2025.
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