Vishendra Sharma @ Vishendra Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21186 of 2021 Arising Out of PS. Case No.-78 Year-2020 Thana- PATAHI District- East Champaran ====================================================== VISHENDRA SHARMA @ VISHENDRA THAKUR Son of Jatahu Thakur Resident of Village - Padumkar, P.S. - Patahi, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mrs Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-02-2022 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 defect(s) as pointed out by the office when called upon to do so by the office. The petitioner is apprehending their arrest in connection with Patahi P.S. Case No. 78 of 2020 pending in the Court of learned CJM, East Champaran at Motihari in a case registered for the offences punishable under Sections 376, 323, 341, 504 and 379/34 of the Indian Penal Code. Prosecution case in nutshell is that the petitioner used to have physical relation with her on the assurance of marriage and she used to ask him to marry, he used to evade.
Patna High Court CR. MISC. No.21186 of 2021(5) dt.10-02-2022 2/2 It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. Petitioner has clean antecedent.
From perusal of case diary, it appears that the prosecution witnesses have supported the case of prosecution and vide para-19 of the case diary which is the statement of the victim girl recorded under Section 164 of the Cr.P.C stating therein that the petitioner committed rape upon her, as such, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected.
(Sunil Kumar Panwar, J) brajesh kumar/- U T