Kaushal Mistri @ Kaushal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14602 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== KAUSHAL MISTRI @ KAUSHAL KISHORE S/O MAHENDRA MISTRI R/O VILLAGE-SAHOKHAR, P.S-SOHSARAI, DISTRICT-NALANDA AT BIHARSHARIF.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-01-2022 Heard Mr. Manoj Kumar Pandey, learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 102 of 2020 dated 25.08.2020 instituted for the offences under Section 376 of the Indian Penal Code and Section 67 of the Information Technology Act.

The accusation in the FIR is of confining the victim lady for months together and subjecting her to sexual intercourse. There is further allegation of

Patna High Court CR. MISC. No.14602 of 2021(2) dt.04-01-2022 2/3 capturing such sexual acts between the two and posting it on social media.

The learned counsel for the petitioner has submitted that the accusation is unbelievable for the reason that a woman cannot be kept in confinement for one month without being noticed.

The other ground raised on behalf of the petitioner is that the victim has now stated in her 164 Cr. P.C. statement that she did not file any case against anybody, much less the petitioner.

There is nothing on record for this Court to know the reason for the implication of the petitioner in such false way in the first instance.

Learned counsel for the petitioner further submits that the victim now does not wish to prosecute the petitioner any further.

Notwithstanding the aforestated facts, I am not inclined to grant anticipatory bail to him in view of the allegations made in the FIR.

Patna High Court CR. MISC. No.14602 of 2021(2) dt.04-01-2022 3/3 The prayer for anticipatory bail is rejected. Should the petitioner surrender before the court below and seek bail, the court below shall find out whether there has been any attempt to tamper with the evidence or silence the prosecutrix under threat, duress or coercion and only after being satisfied about the actual state of affairs, orders shall be passed in accordance with law without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T