Rishikesh Singh @ Rishikesh Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46869 of 2018 Arising Out of PS. Case No.-349 Year-2017 Thana- RUPASPUR District- Patna ====================================================== Rishikesh Singh @ Rishikesh Sinha, Son of Sri Latiteshwar Singh, resident of Flat No. 604, Krishna Block, Jalalpur City, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Ranjan For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 498A, 376, 377/34 of the Indian Penal Code and 66(B)(c)(D)(E) of the IT Act, 2000.

Allegation is that the the informant was married with the petitioner and after after marriage the accused persons including the petitioner demanded money and the petitioner made unnatural intercourse. The petitioner's brother also made physical relation with her.

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 falsely been implicated in the present case. The marriage is alleged to have taken place in the year 2010. The offences under

Patna High Court Cr.Misc. No.46869 of 2018(2) dt.01-08-2018 2/2 Sections 376 and 377 of the I.P.C. are alleged to be of 2010 and the case has been instituted in the year 2018. the aforesaid offences have been alleged only to make the case more grievous in nature. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Danapur in connection with Rupaspur P.S. case No.349 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T