Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42974 of 2018 ====================================================== Rakesh Singh S/o Kameshwar Singh, R/o Vill.- Mujrarh, P.S.- Nokha (Dharampura O.P.), District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kanhaiya Pandey For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Mahila P.S.Case No. 35 of 2018 registered for the offences punishable under Sections 376 and 365 of the Indian Penal Code. Allegation against the petitioner is that he has taken away the informant on the pretext of providing job to her and thereafter committed rape upon her at Amritsar and Delhi and he fled away leaving her alone.

Submission of learned counsel for the petitioner is that there was love affair between them and so far allegation of rape is concerned, the same is consensual.

Heard learned APP also, who has opposed the prayer for anticipatory bail stating that on the pretext of providing job the petitioner has taken her away and developed physical relationship

Patna High Court Cr.Misc. No.42974 of 2018 (3) dt.21-08-2018 2/2 with her against her consent.

Having heard both sides and in view of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U