Patna High CourtCR. MISC./8467/2021dismissed

Niraj Kumar @ Mukesh Kumar v. The State Of Bihar

2021-12-20Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8467 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- MAHILA PS District- Jehanabad ====================================================== NIRAJ KUMAR @ MUKESH KUMAR, S/O AKHILESH PASWAN, R/O VILL BAJITPUR (WRONGLY WRITTEN IN ACCUSED COLUMN IN FIR AS DHODHARI), P.O BHARTHU, P.S- GHOSI DISTRICT JEHANABAD ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Binod Kumar, Adv.

For the Opposite Party :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-12-2021 Heard Mr. Binod Kumar, learned Advocate for the petitioner and Mr. Zainul Abedin, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jehanabad Mahila P.S. Case No. 18 of 2020 dated 20.08.2020 instituted for the offences under Sections 376, 328, 313, 506 and 34 of the Indian Penal Code. The accusation is of having subjecting the prosecutrix to rape on the assurance of marrying.

Learned counsel for the petitioner has submitted that the accusation is absolutely false. The petitioner is said to have come in contact with the prosecutrix through face book. There has been an unusual delay in lodging the FIR. He further submits that the sexual relation between the petitioner and the prosecutrix was by consent. The petitioner denies to have made

Patna High Court CR. MISC. No.8467 of 2021(2) dt.20-12-2021 2/2 any promise of marrying the victim.

However, regard being had to the accusation in the FIR that the petitioner subjected the prosecutrix to sexual act and also got her aborted when she had conceived on one occasion, I am not inclined to grant anticipatory bail to the him notwithstanding the fact that the victim has now married some body else.

The prayer for anticipatory bail is rejected. Should the petitioner surrender before the Court below and seek bail his application shall be considered on its own merit without being prejudiced with the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) Shamshad/- U T