Patna High CourtCR. MISC./56575/2022rejected

Shankar Kumar Mukhiya @ Shankar Mukhiya v. The State Of Bihar

2023-04-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56575 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- RUDRAPUR District- Madhubani ====================================================== SHANKAR KUMAR MUKHIYA @ SHANKAR MUKHIYA Son of Shri Badri Mukhiya Resident of Village - Usarar, (Haradi), P.S.- Rudrapur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Rudrapur P.S. Case No. 102 of 2022 registered for the offence under section 420, 376/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case due to village politics. In medical examination, no evidence of sexual assault was found. Petitioner has no criminal antecedent.

Learned Adll. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused

Patna High Court CR. MISC. No.56575 of 2022(5) dt.20-04-2023 2/2 and there is direct allegation against him. The victim in her statement under section 164 Cr.P.C. has stated that the petitioner made sexual relation with her and later on declined to solemnize marriage with her. The petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail. Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, this Court is not inclined to grant bail to the petitioner. His prayer for bail is, accordingly, rejected.

(Arvind Srivastava, J) mcv/- U T