Birendra Raut @ Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28596 of 2022 Arising Out of PS. Case No.-685 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BIRENDRA RAUT @ BIRENDRA KUMAR Son of Late Banhu Raut Resident of village - Adhkapariya, P.S.- Ramgadwa, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha,Advocate For the Opposite Party/s :

Mr.Lalan Kumar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Bettiah (M) Banuchhapar P.S. Case No. 685 of 2020 for the offence registered under Sections 376, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act. As per the FIR, the lady alleged that the petitioner established physical relationship with her on the pretext of marriage and later started ignoring her. Sometimes later, the accused persons came and demanded motor bike and also Rs. 2 lakhs. However, Rs. 1 lakh was given to them. In the meantime, she became pregnant and upon knowledge, the petitioner agreed to marry her but on 26.09.2020, he eloped with her younger sister. When the parents complained to his family members, the

Patna High Court CR. MISC. No.28596 of 2022(3) dt.30-01-2023 2/2 petitioner came forward and denied return of her minor sister, Jolly Kumari.

Considering the kind of allegation that has come against the petitioner herein of having made physical relationship with the lady and later kidnapped the minor sister of her, this Court is not inclined to grant him privilege of anticipatory bail, which is accordingly rejected. (Rajiv Roy, J) Jagdish/Neha/- U T