Ramesh Kumar Chaubey @ Ramesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49880 of 2021 Arising Out of PS. Case No.-62 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== RAMESH KUMAR CHAUBEY @ RAMESH KUMAR S/o- Sri Shiv Jee Chaubey Resident of 2/24, Madhuwan Awas, Board Comlex, Lohiya Nagar, P.S.- Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sri Nandan Prasad Singh, Sr. Adv.

Ms.Prakritita Sharma, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP Mr.Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No.62/2021, registered for the offence punishable u/s 341, 323, 376, 354(C), 420, 504, 506 & 509 of the Indian Penal Code & Section 4, 8 & 12 of POCSO Act, 2012 & Sections 67, 67 (B) of the I.T. Act.

The allegation against the petitioner is that he helped the accused Rakesh Kumar Singh in various ways to torture the

Patna High Court CR. MISC. No.49880 of 2021(9) dt.07-11-2022 2/3 informant mentally and physically. It is alleged that the petitioner used to keep an eye on the informant and inform about the same to Rakesh Kumar Singh, who is said to have committed rape upon the informant and thereafter used to blackmail her by showing obscene photographs. He defamed the informant by putting false statements on social media applications. It is also alleged that the said Rakesh Kumar Singh committed monetary frauds in the name of informant. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place.

Petitioner has five criminal antecedent out of which in two of the cases, final form has been submitted against the petitioner. Learned senior counsel for the petitioner further submits that the petitioner has no role in the present case and has been falsely implicated in the present case because he had given a petition before the DGP, Bihar alleging that the victim has got the service on fake certificates. He further submits that then he filed a complaint against the victim. Thereafter, the victim has filed the present case against the petitioner in 2018 (Annexure-4).

Patna High Court CR. MISC. No.49880 of 2021(9) dt.07-11-2022 3/3 informant in the year 2018, thereafter the present case has been filed by her.

Learned APP for the State as well as learned counsel for the informant opposed the bail application and submits that in the case diary, there is ample evidence against the petitioner. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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