Shashi Kumar Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1950 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- MAHILA P.S. District- Samastipur ====================================================== Shashi Kumar Patel S/O Late Kailash Patel Resident Of Village- Gangapur, P.S.- Musharigharari, District- Samstipur.

... ... Appellant

Versus

1.

The State of Bihar 2.

MAMTA KUMARI D/O LATE BIPAT SADA Resident of VillageGangapur, P.S.- Musharigharari, District- Samastipur. ... ... Respondents ====================================================== Appearance :

For the Appellant :

Mr.Shailendra Kumar Dwivedi, Advocate For the Respondent/s :

Usha Kumari 1, Spl. Public Prosecutor for respondent no.2 Mr BJ Ojha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-09-2023 Heard learned counsel for the appellant, the State and respondent no.2.

2. This appeal has been filed for setting aside order dated 15.2.2023, passed in a case registered for the offence punishable under sections 376,323,341,504,506 of the Indian Penal Code and section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby prayer for anticipatory bail of the appellant has been rejected.

3. As per the prosecution case, on the false promise of marriage, victim was subjected to repeated sexual assault resulting in birth of a girl child. Appellant later on denied to marry and threatened to kill respondent no.2. Appellant also abused her by caste name.

Patna High Court CR. APP (SJ) No.1950 of 2023(3) dt.22-09-2023 2/2

4. Considering the nature of accusation, I do not find any ground to interfere with the impugned order. Accordingly, this appeal, seeking pre-arrest of the appellant, is dismissed. (Prabhat Kumar Singh, J) Shashi U T