Patna High CourtCR. MISC./34665/2017rejected

Raviraj @ Raja v. The State Of Bihar

2017-08-10Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.34665 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34665 of 2017 Arising Out of PS.Case No. -92 Year- 2016 Thana -MAHILA P.S District- SUPAUL ======================================================

1. Raviraj @ Raja Son of Basant Choudhary , R/o Village- Basbitti, P.S.- & District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Adv., For the Opposite Party/s : Mr. Sri Ramchandra Sahani, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both the sides.

The petitioner apprehends his arrest in connection with Suapul Mahila P.S. Case No. 92 of 2016, POSCO Case No. 31 of 2016 registered under Sections 354, 376, 506, 366A and 376 of the Indian Penal Code and Section 6 of the POSCO Act. The informant made specific allegation that the petitioner always use to tease her and he committed rape with her. She further alleged that the accused persons kidnapped her for the purpose of marriage and kept in lonely place. Learned counsel for the petitioners submits that the case is compromised and the petitioner has already solemnized marriage with the victim.

Considering the facts aforesaid and the fact that the

Patna High Court Cr.Misc. No.34665 of 2017 (2) dt.10-08-2017 victim is minor and she made specific allegation against the petitioner that he has forcibly established physical relation with her, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected. However, if the petitioner surrenders before the court below and prays for regular bail, the court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J) brajesh/- U T