Shiv Shankar Kumar @ Shambhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32116 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ======================================================

1. Shiv Shankar Kumar @ Shambhu, S/o Suresh Prasad, resident of Village- Pachaten, P.S. Asthawan, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Karandeep Kumar, Adv For the Opposite Party/s : Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-08-2017 Heard learned counsel for the appellant, learned counsel for the informant as well as learned APP. Informant happens to be Bhabhi of petitioner who, unfortunately, became widow at a tender age and in the aforesaid background, she was sexually exploited by the petitioner who happens to be her Devar, as a result of which, she became pregnant. There was an assurance at the end of father-in-law that now marriage would be solemnized but, never occurred, at the other end, she was brutally assaulted, as a result of which the pregnancy was terminated.

It has been submitted on behalf of petitioner that the whole family has been implicated. It has also been submitted that petitioner has already been married and in the aforesaid background, the allegation whatever been leveled by the informant

Patna High Court Cr.Misc. No.32116 of 2017 (4) dt.30-08-2017 appears to be palpably false. It has also been submitted that the informant is residing in the same house.

Learned APP opposed the prayer for bail.

Considering the manner whereunder the informant, a widow has been exploited within the four corners of her house, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) perwez U T