Ravi Kumar @ Ravi Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43196 of 2024 Arising Out of PS. Case No.-185 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Ravi Kumar @ Ravi Kumar Mehta, Son of Dev Narayan Mehta, Resident of Village - Nirpur, P.S.- Dhamdaha, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dhamdaha P.S. Case no. 185 of 2023 registered under sections 354B, 341, 323, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that she is a student of intermediate. The petitioner misbehaves with her while she goes out and has been stating that he would forcibly marry her. It is further stated that on 29.8.2023 while the informant started from her house on her bicycle to study, near the Shiv mandir the petitioner caught hold of her and started to pull her towards the temple. Thereafter, he pulled her clothes as a result of which they were torn. He once again stated
Patna High Court CR. MISC. No.43196 of 2024(2) dt.20-07-2024 2/3 that he would forcibly marry her or would kill her. On the persons intervening, she was somehow saved.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The so called informant stays with her maternal uncle who has dispute with this petitioner and it is for this reason that the informant has been set up and the petitioner falsely implicated. There are no independent witness to the alleged occurrence and the petitioner undertakes to cooperate in the case.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation with the witnesses supporting the prosecution case in paragraph nos. 4, 5, 6 and 7 of the case diary as is evident from the order of the learned trial Court together with the petitioner also having an antecedent under the POCSO Act wherein charge-sheet has been submitted, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.
7. The petitioner is directed to surrender in the learned Court below within a period of four weeks.
Patna High Court CR. MISC. No.43196 of 2024(2) dt.20-07-2024 3/3
8. In case the petitioner surrenders within a period of four weeks and prays for regular bail, the same shall be considered by the learned Court below without being prejudiced by this order of rejection.
(Partha Sarthy, J) avinash/- U T