Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53907 of 2017 Arising Out of PS.Case No. -42 Year- 2017 Thana -MAHILA P.S. District- PATNA ====================================================== Amar Kumar, son of Sri Ajay Kumar Verma, resident of village - Korwa, Korawan, P.S. - Naubatpur, District - Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.
09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner, in the present, case, is seeking Anticipatory Bail in connection with Mahila P.S. Case No. 42 of 2017 for the offences under Sections 376, 506/34 of the Indian Penal Code, pending in the court of learned 1st Additional Chief Judicial Magistrate, Danapur, Patna. Learned counsel for the petitioner submits that even if the allegation against the petitioner is believed for argument sake it is evident that it is not a case of rape under section 376 of the Indian Penal Code. He further submits that the girl was aged about 23 years and the physical relationship admittedly took place with her consent.
Patna High Court Cr.Misc. No.53907 of 2017 (2) dt.09-11-2017 On the other hand, learned Additional Public Prosecutor submits that as per the F.I.R. the victim girl has alleged that she was allured and her consent was obtained by playing fraud on the pretext of marriage, therefore, the consent not being a free consent cannot be construed in favour of the petitioner.
In the facts and circumstances stated above, I am not inclined to grant Anticipatory Bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected.
(Rajeev Ranjan Prasad, J.) Rajeev/- U T