Nishant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50138 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== NISHANT KUMAR Son of Rajiv Ranjan Chaurasiya Resident of Village - Narsanda, P.S.- Kanti, Dist.- Muzaffarpur ... ... Petitioner

Versus

1. The State of Bihar

2. Anjali Kumari, D/o Sudist Narayan Chaurasiya resident of village - Devajit Parsauni, P.S. - Mehsi, District - East Champaran. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Madhuban P.S. Case No. 100/2019 registered under Sections 363, 366, 376/34 of the Indian Penal Code, pending in the court of learned A.C.J.M. - IV, East Champaran, Motihari.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case due to break up in love affairs. This petitioner had established physical relationship with the informant with her consent, however petitioner has no criminal antecedent. Learned A.P.P. for the State has opposed the

Patna High Court CR. MISC. No.50138 of 2019(4) dt.17-12-2019 2/2 prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein there are allegations that this petitioner had established physical relationship with the victim girl for about two years and in that process he was also burning her with Cigarette on her body and this injury has been found in the medical examination, this court is not inclined to grant anticipatory bail to the petitioner.

The application is dismissed.

Learned counsel for the petitioner submits that the petitioner is aged about 18 years and at the relevant time when the alleged occurrence had taken place the petitioner was a juvenile. He will be at liberty to raise this issue before appropriate court in appropriate case.

In case, the petitioner surrenders and prays for regular bail within a period of four weeks from today before the court below, the same will be considered on it's own merit.

(Rajeev Ranjan Prasad, J) Rajeev/- U T