Lalbabu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34773 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lalbabu Yadav s/o Shambhu Yadav, r/o Bankatwa Semuapur, P.S.- Paharpur, District East Champaran .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-11-2015 Heard both sides.
The petitioner apprehends his arrest in Paharpur P.S. Case No. 64/2015, registered for the offences punishable under Section 376 and other Sections of the Indian Penal Code. The victim filed a complaint case on the basis of which the present FIR was lodged. The victim made allegation that the petitioner on the pretext of marriage established physical relation with her. He continued to have physical relation with the victim. The victim became pregnant. The petitioner got her pregnancy terminated. She further alleged that the petitioner married with her.
Sri Patanjali Rishi, learned counsel for the petitioner
Patna High Court Cr.Misc. No.34773 of 2015 (5) dt.27-11-2015 2/2 submits that the petitioner never married with the victim. The victim is a major girl. No offence under Section 376 can be made out. The petitioner is already married and second married, if any, as alleged by the victim is void in the eye of law. Learned counsel for the informant as well as learned Additional P.P. opposed the prayer for bail.
Having considered the facts aforesaid and nature of allegation made against the petitioner that while the victim was minor, the petitioner established physical relation with her on the pretext of marriage, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.) Rakhi U T