Dharmendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25768 of 2022 Arising Out of PS. Case No.-120 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Dharmendra Das Son of Vinod Das Resident of Village - Kushmari, P.S.- Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2022 Heard both parties.

The petitioner apprehends his arrest in Bairgania P.S. Case No. 120 of 2019, registered for the offences punishable under Section 376 and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner on the pretext of marriage established physical relation with the minor daughter of informant.

It is submitted that victim girl is major and no such occurrence as alleged in the FIR has taken place. Petitioner has falsely been implicated in this case. It is further submitted that a compromise petition has been also filed by the parties in which informant stated that she does not want to proceed with the case. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.25768 of 2022(2) dt.13-09-2022 2/2 Counsel for State however vehemently opposed the prayer for bail and submitted that there is specific and direct allegation of commission of sexual assault against the petitioner and the said fact has also been supported by the victim girl in her statement under Section 164 Cr.P.C Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail in. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T