Mayank @ Mayank Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62951 of 2021 Arising Out of PS. Case No.-506 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MAYANK @ MAYANK RAJ S/o Devendra Kumar @ Devendra Singh R/o Village-Dumari Gobarshahi, P.S.-Sadar, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Sadar P.S. Case No. 506 of 2021 registered under Sections 341, 323, 376, 511, 354, 354(A), 354 ( C ), 504, 34 of the Indian Penal Code. Allegedly, the petitioner is said to have used to come in the mohalla of the informant and call her by telephone. He used to talk vulgar things and threaten to upload and viral her video on the porn site. He also sent some nude photographs of the informant and other girls and threatened to viral it on the

Patna High Court CR. MISC. No.62951 of 2021(2) dt.06-04-2022 2/3 social media. It has further been alleged that on 22-07-2021, the informant with her sister went to house of the petitioner to make complaint to his father but he along with his mother started abusing her and the petitioner pushed her down and tried to commit rape upon her. However, the sister of the informant saved her. It is also alleged that in the aforesaid incidence, she has sustained injury on her eyes.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per allegation, the petitioner is alleged to have threatened the informant to upload her photographs on porn site. The petitioner is also alleged to have attempted to commit rape upon the victim. The allegation is denied by the petitioner. The petitioner is a student who is pursuing his studies in Hotel Management in AIIMS College, Durgapur. There was a marriage negotiation but it could not be finalized. Later on, for one reason or the other, the present case has been instituted. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. There is specific allegation of attempting to commit rape against the

Patna High Court CR. MISC. No.62951 of 2021(2) dt.06-04-2022 3/3 petitioner.

Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is rejected. If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudice by this order.

(Sudhir Singh, J) A.K.V.//- U T