Sujeet Kumar @ Sujeet Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49851 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- MAHILA P.S. District- Madhubani ====================================================== SUJEET KUMAR @ SUJEET KUMAR ROY S/o Jiwachh Roy R/o villageKhargama, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Madhubani Mahila P.S. Case No.11 of 2018 registered for the offences punishable under Sections 376, 313 and 506 of the Indian Penal Code.

Petitioner arriving at the house of the informant forcibly committed rape against her in the night and also kept committing rape against her under threat of dire consequence to her family members and also on the pretext of marrying with her resultantly she became pregnant. He got her pregnancy aborted by administering some medicine and finally refused to perform marriage with her.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.49851 of 2019(3) dt.04-11-2019 2/2 petitioner that no such occurrence as alleged ever took place. Informant has lodged this false and frivolous case against the petitioner only to mount pressure to perform marriage with her. After institution of the case, the police has submitted final form against the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposing the bail petition submitted that there is specific allegation against the petitioner for committing rape against the victim at her house in the night and also committing same offence time and again against her and also aborting her pregnancy. The victim in her statement recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. has fully supported the prosecution case.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order.

(Prakash Chandra Jaiswal, J) amit/- U T