Patna High CourtCR. MISC./30151/2021bail rejected

Saroj Singh v. The State Of Bihar

2022-03-29Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30151 of 2021 Arising Out of PS. Case No.-10 Year-2020 Thana- MAHILA P.S. District- Rohtas ====================================================== SAROJ SINGH S/o Late Rajeshwari Singh R/o village- Dewaria (Deoria), P.S.- Dehri, District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-03-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Mahila P.S. Rohtas Case No. 10 of 2020, registered for the offences punishable under Sections 420/493 of the Indian Penal Code. As per allegation, the petitioner trapped the victim in love and developed sexual relation with her. On persistent request by the victim, he refused to marry her.

Learned counsel for the petitioner has submitted that the petitioner is brother of the husband of the elder sister of the victim. The alleged physical relation is between two adults which is nothing but a consensual relation and it does not attract criminal liability.

Patna High Court CR. MISC. No.30151 of 2021(3) dt.29-03-2022 2/2 As per FIR itself, the victim was trapped in false love by the petitioner, as such, the physical relation cannot be termed as consensual. In my view, it is not a fit case for anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T