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Patna High CourtCR. MISC./13764/2017rejected

Buchun Rai v. State Of Bihar And ANR

2017-07-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13764 of 2017 Arising Out of PS.Case No. -306 Year- 2016 Thana -KADWA District- KATIHAR ====================================================== Buchun Rai son of Anil Rai, .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pratima Kumari wife of Anuj Kumar Yadav, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in connection with Kodwa (Balia Belone O.P.) P.S. Case No.306 of 2016, registered for the offence punishable under Section 376 of the Indian Penal Code, pending in the Court of A.C.J.M.-IV, Katihar. Allegation against the petitioner is that he committed rape against the informant and thereafter promised to marry with her.

Submission of the petitioner was that the parties have already compromised the case. Thereafter the informant Opposite Party No.2 was noticed to put her claim on the compromise, but she has not appeared.

After hearing the parties and considering the prima facie

Patna High Court Cr.Misc. No.13764 of 2017 (4) dt.11-07-2017 2/2 allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused.

(Birendra Kumar, J) Mkr./- U T