Raj Shekhar Raja @ Raj Shekhar Kumar @ Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22661 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== Raj Shekhar Raja @ Raj Shekhar Kumar @ Nandan Kumar Son of Laliteshwar Yadav @ Lalit Yadav R/V- Dhoighat, Mishraudia, P.S- Sadar, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Ashfaque Ahmad For the Informant :
Mr.Udeshya Kumar Yadav Mr.Ravi Prakash Mr.Vinod Kumar For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard both parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 376, 313 and 506/34 of the Indian Penal Code.
3. It is alleged that on false assurance of marriage to informant, petitioner dishonestly procured sexual intercourse with her. In course of continuation of affairs, she got pregnant which got terminated by the accused petitioner by administering medicine to her.
4. It is submitted that petitioner is suffering from mental disorder and he is undergoing treatment in AIIMS, New Delhi. As per the FIR, there was relation between the parties for
Patna High Court CR. MISC. No.22661 of 2023(3) dt.13-07-2023 2/2 the last four years, at that time, the petitioner was aged only 1516 years. Informant in her fardbeyan did not disclose the date and time of occurrence. Petitioner claims clean antecedents.
5. Counsel for informant however, vehemently opposed the prayer for bail and submitted that there is specific allegation against this petitioner that on the false pretext of marriage this petitioner sexually exploited the informant. It is next submitted that during pendency of this case, process of section 82 and 83 has also been initiated.
6. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail in connection with Sadar Mahila P.S. Case No. 74 of 2022. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T