Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17540 of 2021 Arising Out of PS. Case No.-25 Year-2019 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Shyam Kumar S/o- Shri Rambabu Mahto Resident of Ward Number 8, Kancha, P.S.- Vidyapatinagar, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Navin Kumar S/o- Nand Kishor Prasad Resident of Village- Bangraha, P.S.- Vidyapatinagar, District- Samastipur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. The prosecution case as per F.I.R relates to

Patna High Court CR. MISC. No.17540 of 2021(3) dt.22-12-2021 2/2 abduction of the daughter of the informant from the market.

The victim girl in her 164 Cr.P.C statement has stated that this petitioner forcibly served Peda to the victim and after taking Peda, she became unconscious and when she regain consciousness, she found her in a room where the petitioner was sitting. The victim alleged that this petitioner forcefully committed rape and continued for a long time, as a result of which, she became pregnant. It is further alleged that this petitioner forcibly got her pregnancy terminated by providing her some tablets.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail stands rejected. (Sunil Kumar Panwar, J) Shageer/- U T