Pankaj Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23606 of 2024 Arising Out of PS. Case No.-425 Year-2023 Thana- NAVINAGAR District- Aurangabad ====================================================== Pankaj Mehta S/o Basant Mehta R/o Village- Hasanpur, P.S.- Nabinagar, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv with For the Informant :
Mr. Tribhubhan Narain Singh, Adv For the State :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-09-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail in a case instituted for the offence under Sections 366, 376, 313, 342, 341, 323, 504, 506 and 34 of the Indian Penal Code in connection with Navinagar P.S. Case No. 425 of 2023.
3. The allegation against the petitioner is of committing rape with the informant on the false pretext of marriage.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that from perusal of the FIR, it is evident that the victim was consenting party and no force was applied in alleged physical relationship. Petitioner is a person of
Patna High Court CR. MISC. No.23606 of 2024(5) dt.10-09-2024 2/2 clean antecedent and he is in custody since 07.11.2023.
5. Learned APP for the State and learned counsel for the informant have opposed the application for bail and submitted that petitioner is named in the FIR and he is the maternal uncle of the victim. The victim's statement has been recorded under Section 164 of the Cr.P.C., in which she specifically stated that this petitioner used to make physical relationship with her on the false pretext of marriage, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.
6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.
(Nawneet Kumar Pandey, J) Arish/- U T