Sanni Khaira @ Sanni Kherwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45104 of 2021 Arising Out of PS. Case No.-42 Year-2019 Thana- MAHILA PS District- Jamui ====================================================== SANNI KHAIRA @ SANNI KHERWAR Son of Brahmdeo Khaira Resident of Village - Gudiyar, P.S.- Jhajha, Distt.- Jamui. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned J.N. Thakur APP for the State.

The petitioner apprehends his arrest in connection with Jamui Mahila P.S. Case No. 42 of 2019, registered for the offences punishable under Sections 493 and 376 of the Indian Penal Code.

As per allegation, the petitioner, at the pretext of marriage committed rape for several times upon the victim and lastly he refused to marry her.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.45104 of 2021(4) dt.23-08-2022 2/2 Section 376 of the IPC is not attracted in this case. The petitioner is innocent and has falsely been implicated in this case.

On the other hand, learned Addl.P.P. opposed the prayer for bail by submitting that the petitioner committed rape upoin the victim after false pretext of marriage. He has also submitted that process under Section 82 & 83 have been issued. As such, the petitioner is not entitled for anticipatory bail. Considering the above-mentioned facts and circumstances, it is not a fit case for anticipatory bail. Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) niku/Sonali/- U T