Devanand Thakur @ Gore Thakur v. The State Of Bihar
Patna High Court Cr.Misc. No.38875 of 2014 (2) dt.01-04-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38875 of 2014 Arising Out of PS.Case No. -25 Year- 2014 Thana -MAHILA PS District- DARBHANGA ======================================================
1. Devanand Thakur @ Gore Thakur S/o Late Yogendra Thakur R/o Village Bibi Pakar, P.S. Laheria Sarai, District Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner apprehends his arrest in connection with (Darbhanga) Mahila P.S. Case No. 25 of 2014 registered for the offence punishable under Section 376 of the Indian Penal Code. Allegedly, the petitioner committed rape upon the informant in the orchard on 17.03.2014 and he promised to marry with her but ultimately refused to marry resulting the initiation of this case.
Submission is of false implication and that the FIR has been lodged after much delay. During medical examination no sign of rape was found and ultimately the case has been compromised, and as such, the petitioner deserves sympathetic
Patna High Court Cr.Misc. No.38875 of 2014 (2) dt.01-04-2015 consideration to which the learned APP opposes. Considering the allegation attributed against the petitioner, this Court is not persuaded to grant the privilege of prearrest bail to the above named petitioner, accordingly, his such prayer stands rejected.
However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer for bail shall be considered on its own merit in view of the submissions of the learned counsel without being prejudiced by the present order.
(Jitendra Mohan Sharma, J) avin/- U T