Patna High CourtCR. MISC./52847/2018dismissed

Anshu Kumar v. The State Of Bihar

2018-09-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52847 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Anshu Kumar son of Sri Binod Prasad resident of Mohalla - Chiraiyatand, P.O. - Lohiyanagar, P.S. - Kankarbagh, Town & District - Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Alok Ranjan For the Opposite Party/s :

Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Chowk P.S. case No.183 of 2018 registered under Sections 363, 365 and 366 of the Indian Penal Code, pending in the court of Smt. Niharika, A.C.J.M. II, Patna City.

Allegation is that the petitioner kidnapped the wife of the informant and forcibly committed intercourse with her. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. From the statement of the victim, it is evident that she had gone on her own will. There was no force applied on her by the petitioner.

Patna High Court Cr.Misc. No.52847 of 2018(2) dt.20-09-2018 2/2 The allegation of sexual abuse made by the victim is denied by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The victim girl in her statement under Section 164 Cr.P.C. supported the allegations made in the F.I.R. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T