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Patna High CourtCR. MISC./39595/2015dismissed

Pintu Paswan @ Digwa v. The State Of Bihar

2015-09-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39595 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -MAHILA PS District- JAMUI ====================================================== Pintu Paswan @ Digwa Son of Ashok Paswan, Resident of Village - Hellayato, Paswan Tolla, Ward No. 19, P.S. - Jhajha, District - Jamui (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 376/364 of the Indian Penal Code. Allegation against petitioner is that on allurement of marriage, he established physical relationship with informant and out of that relationship, informant gave birth to a baby boy. But while returning from hospital one Naiki Devi, who was with informant, fled away with the baby. Petitioner used to threaten informant.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He has been falsely implicated in the present case. He had never established any physical relationship with informant.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and there is allegation of commission of rape against him.

Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.39595 of 2015 (2) dt.29-09-2015 2 / 2 not inclined to grant anticipatory bail to the petitioner, same is rejected.

Any how if petitioner surrenders in the court below (learned S.D.J.M., Jamui, in connection with Jamui Mahila P. S. Case no. 66 of 2014) and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) sudip/- U T