Patna: The Patna High Court on Thursday waste an anticipatory guarantee request from DSP DSP suspended Kamlakant Prasad, which was accused of raping a little girl, without providing help at him.
The petition was thrown out because he was withdrawn by the applicant after the High Court gave the freedom to it.
Justice bench Ashutosh Kumar heard anticipatory guarantee demand in the form of a criminal appeal submitted by Prasad in a rape case.
The bench, throwing this problem, also attracted temporary guarantees given to the Prasad during the previous hearing held on August 25.
The Special Pocso court in the previous style rejected the Prasad Guarantee Petition on 5.
Senior Yogesh Chandra Verma advisor, representing the Prasad, pulled an anticipatory guarantee request because the bench was viewed that it was not submitted according to the law.
VERMA submitted the case was registered against Prasad based on false accusations leveled by his wife, who lived separately.
He also argued that the girl was not a mild and medical examination revealed that she was not sexually attacked.
Appears for the state, additional advocacy General S S D YADAV and Public Prosecutor Special Public Prosecutor (SCST ACT) Usha Kumari submitted that there were strong ingredients against the Prasad with the police to prove that the little girl was sexually attacked by her.
Yadav also handed over that the police had materials to show that the applicant threatened the witness in this case.
“Prasad also has a crime and he should not be given anticipatory guarantee,” he told the court.
Aag also argues that since the case has been listed under ACT Pocso and ACT SC / ST, criminal appeals in this problem cannot be maintained.
Conversely, the regular guarantee petition under the part 439 CRPC can be maintained.
Prasad was accused of raping the girl in her official residence in style during Dussehra in 2017.