Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53774 of 2019 Arising Out of PS. Case No.-136 Year-2016 Thana- AIRPORT District- Patna ====================================================== RANJEET KUMAR S/o Rajnandan Munda R/o Village- Dharampur Muhammadpur, P.S.- Phulwari, District- Patna. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mrs. Rina Sinha, Advocate.

For the State :

Mr. Damodar Prasad Tiwary, A.P.P.

Fort the Informant :

Mr. Manoj Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Hawai Adda P.S. Case No.136 of 2016 registered under Sections 376 and 506 of the Indian Penal Code, pending in the court of Smt. Tanveer Kaur, Judicial Magistrate, Patna.

The accusation is that on 16.01.2016, the informant Divya Kumari, after the death of her maternal cousin sister, had gone at the house of her maternal cousin sister to meet to the members of the bereaved family and stayed there in the night and slept alone in a room. In the midnight, the petitioner, who had also come at the house of the maternal uncle of the informant, entered in her room and committed rape on the informant and gave threatening to the informant that if she would ask about the same, he would kidnap her

Patna High Court CR. MISC. No.53774 of 2019(2) dt.27-08-2019 2/2 entire family and kill them. Due to fear, the informant did not disclose about the said incident to anyone and returned to her house and started living there. After some months, when the health of the informant started deteriorating, the informant along with her mother and sister went to the doctor for treatment, where it was detected that she has conceived the pregnancy of seven months. Thereafter, the informant disclosed about the incident to her mother and father. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T