Sadare Aalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46139 of 2016 Arising Out of PS.Case No. -32 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Sadare Aalam Son of Md. Anjar Resident of village- Bisfi Hat Bela, P.S.- Bisfi , District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-12-2016 Heard both sides.

The petitioner apprehends his arrest in Mahila P.S. Case No. 32/2014, registered for the offences punishable under Sections 376, 420 and 34 of the Indian Penal Code. The prosecutrix alleged that the petitioner on the pretext of marriage established physical relation with her and she became pregnant but later on the petitioner refused to marry with her.

Learned counsel for the petitioner submits that the victim was a consenting party. The victim is a major girl, but it appears that marriage of the petitioner was settled with the victim and on that pretext, the petitioner established physical relation with her and the petitioner became pregnant. Later on the

Patna High Court Cr.Misc. No.46139 of 2016 (3) dt.20-12-2016 2/2 petitioner refused to marry with the victim.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T