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Patna High CourtCR. MISC./23598/2018dismissed

Guddu Chaubey @ Alok Chaubey @ Alok Ranjan Chaubey v. The State Of Bihar

2018-04-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23598 of 2018 Arising Out of PS.Case No. -118 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Guddu Chaubey @ Alok Chaubey @ Alok Ranjan Chaubey, Son of Gupt Nath Chaubey, Resident of Village- Bahera, P.s.- Kudra, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kudra P.S.Case No.118 of 2017 registered for offences punishable under Sections 341, 342, 323, 328, 354, 365, 379, 406, 420, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he has taken Rs.6 lac for purchasing of land and thereafter he returned only Rs.1 lac and when the informant demanded, he has kidnapped the informant and outraged her modesty and by injecting injection he committed intercourse with her.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and as a matter of fact

Patna High Court Cr.Misc. No.23598 of 2018 (2) dt.20-04-2018 2/2 the informant was living as wife and husband with the petitioner and thereafter with a view to put pressure on him she has lodged the present case, which is false and concocted. Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of nature of allegation, this is not a case or grant of anticipatory bail rather let the petitioner surrender before the learned court below and within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U