Patna High CourtCR. MISC./29260/2017rejected

Budhan Mandal @ Budhan Kumar Mandal v. The State Of Bihar

2017-08-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29260 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -KURSAKANTA District- ARRARIA ====================================================== Budhan Mandal @ Budhan Kumar Mandal son of Jagdish Mandal Resident of village - Jamua, P.S.- Kursakanta, Dist - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2017 Heard both sides.

The petitioner apprehends his arrest in Kursakanta P.S. Case No. 198/2016, registered for the offences punishable under Section 376 and other sections of the Indian Penal Code. The prosecutrix alleged that after death of her husband, she came to live with her father. The petitioner used to visit her house and forcibly established physical relation with her. The petitioner agreed to marry with the victim, but later on the petitioner refused to marry.

Learned counsel for the petitioner submits that the victim was major girl. Even if the allegation made by the victim is true, the victim appears to be consenting party. Now the case has been compromised and the victim herself alleged that she did not

Patna High Court Cr.Misc. No.29260 of 2017 (3) dt.19-08-2017 2/2 file the case. The police took her statement on a plain paper. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T