Sanjeev Kumar Ram @ Sanjeev Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61535 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MAHILA PS District- Gopalganj ====================================================== Sanjeev Kumar Ram @ Sanjeev Ram, Son of Shiv Shankar Ram, Resident of Village- Briti Tola, Police Station- Kuchaikote, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Adv For the Opposite Party/s :

Mr. Sri Nawal Kishore Prasad, APP For the Informant : Mr. Manager Sah, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 493,376/34 of the Indian Penal Code. Allegation is that the petitioner was in physical relation with the informant on the pretext of marriage.

Submission is that the informant was a major and was a consenting party to the physical relation. Hence, offence of rape is not made out. Learned counsel for the informant opposed the prayer for anticipatory bail and submits

Patna High Court Cr.Misc. No.61535 of 2018(2) dt.20-11-2018 2/2 that the informant is still ready to marry with the petitioner.

In my view, prima facie offence of cheating is there against the petitioner, hence, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Gopalganj (Mahila) P.S.Case No.20 of 2018 pending in the court of learned SubDivisional Judicial Magistrate, Gopalganj. Prayer is refused.

Petitioner is directed to surrender within three weeks.

(Birendra Kumar, J) Nitesh/- U T