Srikant v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8287 of 2016 Arising Out of PS.Case No. -85 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Srikant son of Birju Rajak Resident of Village - Naubatpur, P.O. + P.S. - Naubatpur, District - Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate.

For the Opposite Party : Mr. Amit Kr. Rakesh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2016 Heard both sides.

The petitioner apprehends his arrest in Naubatpur P.S. Case No. 85 of 2015 registered for the offences punishable under Sections 354, 493, 376, 323 and 379 of the Indian Penal Code. The informant alleged that she was living alone in her house and the petitioner finding her all alone committed rape with her. Thereafter, on pretext of marriage the petitioner established physical relationship.

It is submitted that the petitioner is a legally wedded wife of Srikant. The informant has compromised the case and filed a compromise petition in the court below. Kaushalya Devi mother of the petitioner also filed a petition before the Chief Minister and Sr. S.P., Patna for making investigation in the case as her son has

Patna High Court Cr.Misc. No.8287 of 2016 (3) dt.19-07-2016 2/2 falsely been implicated in the case.

It appears that police after investigation submitted charge sheet under Section 376 and other Sections of the Indian Penal Code finding the case true against the petitioner. The informant has made specific allegation that the petitioner committed rape with her while she was all alone. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T