Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45393 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== VISHAL KUMAR Son of Kaushal Prasad Singh Resident of Village - Dumari Kala, P.S.- Majorganj, Distt - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sahiyara P.S. Case No. 26 of 2019 registered for the offences punishable under Sections 376, 384, 506 and 504 of the Indian Penal Code.

Allegation against the petitioner is that he committed sexual intercourse with the informant and later on he sent obscene photos to her husband and her family members. Submission of learned counsel for the petitioner is that physical relationship was made in the year 2010 and thereafter the present case has been lodged and the allegations are false and concocted.

Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail stating that witnesses during investigation have supported the

Patna High Court CR. MISC. No.45393 of 2019(4) dt.04-11-2019 2/2 prosecution story as well as in her statement under Section 164 Cr.P.C. and moreover the petitioner was evading his arrest and proclamation under Section 82 Cr.P.C. has already been effected against the petitioner.

In view of above facts and circumstances, let petitioner surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T