Chandra Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27908 of 2017 Arising Out of PS.Case No. -148 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ====================================================== Chandra Bhushan Kumar S/o Satrughan Rai Resident of Village- Pusa, P.S. Pusa, District- Samastipur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar No-1, Adv. For the Opposite Party/s : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2017 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Kishanganj P.S.Case No.148 of 2017 registered under Sections 376, 376-A, 420 and 379 of the Indian Penal Code.

As per the prosecution case, the petitioner is said to have taken the informant to Mughalsarai and kept in a hotel by administering her intoxicating substance and repeatedly committed rape against her. Thereafter, he took her to Samastipur and with the help of his friend Sudhir Kumar forcibly performed marriage with her.

It has been submitted by learned counsel for the petitioner that no such occurrence as alleged has been committed by the petitioner. The informant happens to be the employee of his company and she has filed this false and frivolous case on

Patna High Court Cr.Misc. No.27908 of 2017 (02) dt.22-06-2017 2/2 refusal to accept the privilege to her.

In the facts and circumstances aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected. However, the petitioner may surrender before the learned Court below within four weeks from the date of receipt/production of a copy of this order and seek regular, the learned Court below is directed to dispose of the bail application of the petitioner, if possible, on the same day, without being prejudiced by this order. (Prakash Chandra Jaiswal, J.) Trivedi/- U T