Rajesh Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11544 of 2022 Arising Out of PS. Case No.-30 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== Rajesh Kumar Mahto Son of Late Parikshan Mahto Resident of Village - Sarisabpahi, P.S. - Pandaul, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Jha For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-08-2022 Heard both parties.

The petitioner apprehends his arrest in Madhubani Mahila P.S. Case No. 30 of 2021, registered for the offences punishable under Section 376 and other allied sections of the Indian Penal Code.

Prosecution case in brief is that on the false pretext of marriage this petitioner established physical relation with the informant.

It is submitted that informant is major and there was love affair between the petitioner and the informant. The informant is consenting party.

However, counsel for informant vehemently opposed the prayer for bail and submitted that there is specific allegation of commission of sexual assault against the petitioner and the

Patna High Court CR. MISC. No.11544 of 2022(2) dt.11-08-2022 2/2 informant has duly supported the prosecution case in her statement under Section 164 Cr.P.C.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail.

Accordingly, the prayer for anticipatory bail is rejected.

(Prabhat Kumar Singh, J) vinita/- U T