Ritesh Kumar @ Ritesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33803 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- MAHILA P.S. District- Siwan ====================================================== Ritesh Kumar @ Ritesh Singh son of Hareram Singh Village- Junaidpur (Juned pur) Ps- Basantpur Dist- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shekhar Singh Mr.Satyendra Rai For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2023 Heard counsel for the parties.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 107, 108, 109, 420, 354(C), 376/34 of the Indian Penal Code.
3. As per the prosecution case, on the pretext of marriage, the informant was subjected to repeated sexual assault by the petitioner. It is further alleged that he also made video of the alleged incident.
4. It is submitted on behalf of petitioner that he has been falsely implicated in this case only with a view to pressurize the petitioner to marry the informant. Petitioner is a government employee and posted in Secretariat of Haryana Government. The doctor has not found any sign of sexual
Patna High Court CR. MISC. No.33803 of 2023(2) dt.25-07-2023 2/2 assault upon the victim (informant) and as such no case under Section 376 IPC is made out against this petitioner.
5. Counsel for informant however, vehemently opposed the prayer for bail and submitted that there is specific allegation against this petitioner that upon the false assurance of marriage petitioner established physical relation with the informant and thereafter, refused to marry her.
6. Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail in connection with Siwan Mahila P.S. Case No. 01 of 2023. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T