Patna High CourtCR. MISC./21627/2022bail rejected

Gaurav Kumar v. The State Of Bihar

2022-12-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21627 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== GAURAV KUMAR S/o Ramadhar Yadav Resident of Block Road, Ward No.2, Ahead of Khatal, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Prem Kumar Jha Mr. Ranjan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 376/ 506 of the Indian Penal Code.

As per the prosecution case, on the pretext of marriage this petitioner established physical relation with informant. It is further alleged that petitioner also caused miscarriage and threatened her to post her obscene photograph on mobile.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that from bare perusal of the FIR it would appear that victim is 20 years old and she herself entered into

Patna High Court CR. MISC. No.21627 of 2022(4) dt.01-12-2022 2/2 friendship with petitioner through Instagram and subsequently fell in love with petitioner. The prosecution story has been planted by the victim with a view to blackmail the petitioner. The victim also refused for medical examination. Petitioner has got clean antecedent.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and submitted that the victim in her statement u/s 164 of the Cr.P.C. categorically supported the prosecution case and stated that this petitioner on the pretext of marriage established physical relation with her and also caused pregnancy.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T