Sarvesh Prakash @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35964 of 2015 Arising Out of PS. Case No. -99 Year- 2015 Thana -ALAMGANJ District- PATNA ====================================================== Sarvesh Prakash @ Sonu S/o Jay Prakash Gupta, Resident of Mohalla - Chailitand, Near - Mahavir Temple, P.S. Alamganj, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwa Bijay Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-11-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 376, 379 and 504 of the Indian Penal Code. The informant made allegation that she was residing in the house of Jai Prakash Gupta, the father of the petitioner, with her daughter, aged about six years. The petitioner was imparting tuition to her daughter but the petitioner at first forcibly established physical relation with her and continued to establish physical relation on the pretext of marriage but, later on, when the informant became pregnant, the petitioner refused to marry her. It is submitted that the informant has given her consent out of her free will. From the contents of the F.I.R. itself, it would appear that the informant is a married lady. She voluntarily established physical relation with the petitioner. The petitioner never assured

Patna High Court Cr.Misc. No.35964 of 2015 (3) dt.03-11-2015 2/2 to marry her.

On the other hand, learned counsel for the informant as well as learned A.P.P. has opposed the prayer for anticipatory bail.

It appears that informant made allegation that on the pretext of marriage, the petitioner established physical relation with her. The victim was carrying pregnancy of 6-7 months at the time of lodging the case.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Alamganj P.S. Case No. 99/2015. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T