PATNA: The Patna high court on Thursday disposed the anticipatory bail petition of suspended senior DSP Kamlakant Prasad, who was accused of raping a minor girl, without granting any relief to him.
The petition was disposed as it was withdrawn by the petitioner after high court granted the liberty for it. A bench of Justice Ashutosh Kumar was hearing the anticipatory bail plea in the form of criminal appeal filed by Prasad in the rape case.
The bench, while disposing the matter, also withdrew the provisional bail which was granted to Prasad during an earlier hearing held on August 25.
A special POCSO court in Gaya had earlier rejected the anticipatory bail petition of Prasad on July 5.
Senior counsel Yogesh Chandra Verma, who represented Prasad, withdrew the anticipatory bail plea as the bench was of the view that it was not filed as per law. Verma submitted that the case was registered against Prasad on the basis of false allegations levelled by his wife, who lives separately.
He also argued that the girl was not a minor and medical examination revealed that she was not sexually assaulted.
Appearing for state, additional advocate general S D Yadav and special public prosecutor (SCST Act) Usha Kumari submitted that there are strong materials against Prasad with the police to prove that the minor girl was sexually assaulted by him.
Yadav also submitted that police have materials to show that the petitioner is threatening witnesses in the case. “Prasad also has criminal and he should not be granted anticipatory bail,” he told the court.
The AAG also argued that since the case has been registered under POCSO Act and SC/ST Act, a criminal appeal in the matter is not maintainable. Instead, a regular bail petition under Section 439 CrPC is maintainable.
Prasad is accused of raping the girl inside his official residence at Gaya during Dussehra in 2017.
