B. K. Lalan v. The State Of Bihar

Patna High Court Cr.Misc. No.17925 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17925 of 2017 Arising Out of PS.Case No. -69 Year- 2013 Thana -MAHILA P.S. District- PATNA ====================================================== B. K. Lalan, Son of S.K. Banaita, resident of Mohalla- Brahm Kumari Prajapati Iswariya University Branch Fatuha, P.S. Fatuha, Dist.- Patna are present Village- Khargama, P.S. Phulparas, Dist.- Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajendra Nath Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 69 of 2013, registered under Sections 376 and 323/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Patna.

The accusation is that informant was serving in Prajapati Brahm Kumari Ishwariya University at Fatuha, where the petitioner was also serving. In the meantime, petitioner used to misbehave her in spite of her objection. Thereafter, petitioner developed physical relation with her on giving assurance to perform the marriage. In the meantime, she conceived pregnancy

Patna High Court Cr.Misc. No.17925 of 2017 (2) dt.20-07-2017 and on the direction of the petitioner, she also got aborted her pregnancy. When the informant asked to perform the marriage with the petitioner then petitioner refused and threatened her of dire consequences.

Learned counsel for the petitioner submits that, in fact, informant came in touch with petitioner and developed physical relation with the petitioner according to her own sweet will, but later on, due to misunderstanding the present case has been lodged with false allegation.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T