Mithilesh Sahni @ Mithilesh Kumar Sahni @ Mithilesh Tehwaria v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17030 of 2023 Arising Out of PS. Case No.-417 Year-2022 Thana- KEWATI District- Darbhanga ====================================================== MITHILESH SAHNI @ MITHILESH KUMAR SAHNI @ MITHILESH TEHWARIA SON OF RAM CHANDRA SAHNI @ RAM CHANDRA NISHAD R/O VILLAGE- TEHWARA, P.S.- KATRA, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha For the Opposite Party/s :

Mr. Rajendra Singh Mr. Vinay Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Keoti P.S. Case No.417 of 2022, registered for the offence punishable under Sections 376, 504 and 506 of the Indian Penal Code and 66(E)/67(A) of IT Act, 2000.

The allegation against the petitioner is that he established physical relationship with the informant on the promise of solemnizing marriage with her. It is further alleged that petitioner denied from marrying the informant and also started threatened her to viral her photographs.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the

Patna High Court CR. MISC. No.17030 of 2023(3) dt.26-06-2023 2/2 manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the informant is major and was willingly working with the petitioner. He further submits the informant received money from the petitioner as a loan and when the petitioner started demanding his money back then the informant threatened to ruin his life by implicating him in a false case. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that the victim has supported the prosecution case in her statement recorded under section 164 of Cr.PC.

Having regard to the facts and circumstances of the case as well as considering the statement of victim recorded under section 164 of Cr.PC, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) shikha/- U T