Patna High CourtCR. MISC./11228/2015rejected

Rajesh Kumar v. The State Of Bihar

2015-03-23Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.11228 of 2015 (2) dt.23-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11228 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Rajesh Kumar son of Karu Paswan resident of village - Tulsipur Ps Hulasganj, Distt. Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-03-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Jehanabad Mahila P.S. Case No. 07 of 2015 registered under Sections-376, 313/34 of the Indian Penal Code. The petitioner established physical relation with the informant on the false promise of marriage and when the informant became pregnant, he got terminated her pregnancy and also refused to marry her.

Regard being had to the facts and circumstances of the case as well as submission of the parties, I do not feel it proper to extend the privilege of anticipatory bail to the petitioner and, accordingly, his prayer for anticipatory bail in connection with

Patna High Court Cr.Misc. No.11228 of 2015 (2) dt.23-03-2015 Jehanabad Mahila P.S. Case No. 07 of 2015 pending in the court of Smt. Namita Singh, J.M. Ist Class, Jehanabad stands rejected. However, if, the petitioner surrenders in the court below and seeks regular bail within six weeks from today, the court below shall dispose off the regular bail petition of the petitioner on the date of his surrender and after that, if, the petitioner files any regular petition before the learned Sessions Judge, Jehanabad, the regular bail application of the petitioner shall be considered by learned Sessions Judge, Jehanabad on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that the consent of the informant was obtained on the promise of marriage and after that, the informant continued her physical relation with the petitioner for near about three years.

(Hemant Kumar Srivastava, J) A.K.V./- U T