Patna High CourtCR. MISC./15155/2015dismissed

Kamal Kant Nirala v. The State Of Bihar

2015-05-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15155 of 2015 Arising Out of PS.Case No. -242 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ====================================================== Kamal Kant Nirala Son of Rati Kant Prasad Resident of village - Babhngawan, Police Station - Krishnagarh ( Saraiya ), District - Bhojpur, Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 376/34 of the Indian Penal Code.

The victim made allegation that the petitioner established physical relation with her on the pretext of marrying her. The prosecutrix became pregnant and when the petitioner refused to marry her, the victim lodged the case. Submission is that the first occurrence took place on 12.12.2012. The victim is a consenting party and no offence under Section 376 I.P.C. is made out. The victim herself filed a petition for compromise. Taking into consideration the fact that the victim made specific allegation against the petitioner that the petitioner established physical relation with the victim on the pretext of marrying her and the victim became pregnant, I am not inclined to

Patna High Court Cr.Misc. No.15155 of 2015 (2) dt.14-05-2015 2/2 enlarge the petitioner on anticipatory bail in Bhojpur Mahila P.S. Case No. 242/14. Accordingly, the same is rejected. The petitioner is directed to surrender in the court below within four weeks from the date of receipt / production of a copy of this order and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner sympathetically, without being prejudiced by this order. (Prabhat Kumar Jha, J) Dilip/- U T