Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48013 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- PAKRIDAYAL District- East Champaran ====================================================== CHANDAN KUMAR S/O PRABHU PRASAD R/O VILLAGEPAKRIDAYAL, PS. PAKRIDAYAL, DIST. EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rashmi Jha, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Pakridayal P.S. Case No.106 of 2023, registered for the offence punishable u/s 341, 376 of the IPC and sections 4 and 6 of the POCSO Act.

3.

As per the prosecution case, the petitioner is said to have called the daughter of the informant and committed rape upon her. It is alleged that there was love affair between the petitioner and daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken

Patna High Court CR. MISC. No.48013 of 2023(3) dt.12-09-2023 2/2 place. From bare perusal of the F.I.R., it is clear that there was love affair between the petitioner and the victim and both of them wanted to solemnize marriage. Both the parties amicably have settled the dispute and entered into a compromise. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that as per Medical report, victim is a minor, aged about 16-17 years and victim, in her statement recorded u/s 164 Cr.P.C. has supported the prosecution case.

6.

Having regard to the facts and circumstances of the case and 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. 7.

This application is accordingly dismissed.

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