Pawan Das @ Pawan Ravidas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44235 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- MAHILA P.S. District- Lakhisarai ====================================================== PAWAN DAS @ PAWAN RAVIDAS S/o Rajendra Das @ Rajendra Ravidas Resident of Village- Navinagar Cham Toli, P.S. and District- Jamui, Present Address- Palam Bihar Gali No. -12 Sector No. -05 House Owner Kanta Devi, W/o Navin Gurugaon, P.S. and District- Gurgaon (Hariyana). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bharti Devi W/o Santosh Das, D/o Bhimdeo Ravidas Resident of VillageBolapur, P.S.- Halsi, District- Lakhisarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Raju For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Lakhisarai Mahila P.S. Case No.39/2020, registered for the offence punishable under Sections 420/376/34 of the Indian Penal Code.

The allegation against the petitioner is that he has committed rape upon the complainant and thereafter started to blackmail her. It is further alleged that the complainant and the

Patna High Court CR. MISC. No.44235 of 2021(2) dt.12-04-2022 2/2 petitioner left their house and started to live in Gurgaon, where also illegal relationship was established.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to oblique motive. There was a consensual relation between them and the question of forceful physical relation did not arise. The occurrence took place in the year 2019 but the F.I.R. has been lodged after one year, which shows the falsity of the prosecution case. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that on the pretext of marriage, such relationship was established and later on petitioner refused to marry the informant. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for anticipatory bail to the petitioner named above is rejected. This application is accordingly dismissed.

However, petitioner is directed to surrender before the learned Court below and the learned Court below would pass the order, in accordance with law.

(Anjani Kumar Sharan, J) pallavi/- U T