Dhananjay Kumar Singh @ Lal Babu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3953 of 2019 Arising Out of PS. Case No.-240 Year-2013 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Dhananjay Kumar Singh @ Lal Babu Singh, son of Ram Krishna Singh Resident of village -Bhadoun, P.S.- Ghanshyampur, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 The petitioner apprehends his arrest in connection with Ghanshyampur P.S.Case No. 240 of 2013 registered under Sections 376 and 386 of the Indian penal Code. Allegation as per complaint petition which has been registered as FIR is that complainant was living in her Maika due to illness of her husband and petitioner developed relationship and used to make physical relationship with her and later on he tried to grab the property. It is also alleged that on the date of occurrence, petitioner entered inside the house and committed rape upon her.

Submission of learned counsel for the petitioner is that FIR itself shows that she was a consensual party and furthermore witness including the family members of the petitioner has stated before the police that due to land dispute

Patna High Court CR. MISC. No.3953 of 2019(3) dt.11-03-2019 2/2 present case has been lodged.

Heard learned APP also who has opposed the prayer for anticipatory bail on the ground that independent witnesses have also supported the second part of the occurrence that on the date of occurrence he had entered inside the house and committed rape upon her.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order and on the basis of material available on record as well as on submission as raised by learned counsel for the petitioner, if possible, on the same day. (Vinod Kumar Sinha, J) sujit/- U T