Patna High CourtCR. MISC./15945/2021dismissed

Sanjiv Kumar @ Abhishek Kumar v. The State Of Bihar

2022-03-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15945 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- MAHILA PS District- Gaya ====================================================== SANJIV KUMAR @ ABHISHEK KUMAR Son of Parman Singh @ Parmandand Singh Resident of Village - Ninsar, P.S.- Alipur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No.09 of 2020, registered for the offence punishable u/s 376, 420, 354D and 504 of IPC. The allegation against the petitioner is of committing rape upon the informant and of blackmailing her by taking photographs. He took gold jewellery from the informant by blackmailing her.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to oblique reason. The victim has not filed any complaint at that time and after two years the said FIR has been lodged against the petitioner. From

Patna High Court CR. MISC. No.15945 of 2021(4) dt.07-03-2022 2/2 the FIR it appears that the petitioner and the informant are covillagers and have good familiar terms. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that the statement of the victim was recorded under section 164 Cr.P.C, in which she has supported the prosecution case, as such, petitioner is not entitled for anticipatory bail. Considering the facts and circumstances of the case, since the victim has supported her case in her statement u/s 164 Cr.P.C, I am not inclined to enlarge the petitioner named above on anticipatory bail. The prayer for bail is rejected. The instant application stands dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T