Pramod Kumar Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11405 of 2017 Arising Out of PS.Case No. -37 Year- 2016 Thana -MAHILA P.S. District- BHABHUA (KAIMUR) ====================================================== Pramod Kumar Singh @ Pappu Singh, Son of Bhan Kumar Singh, resident of Village- Mohania Ward No.- 10, P.S.- Mohania, District- Kaimur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Yogesh Chand Verma, Sr, Advocate Mr. Sumeet Kumar Singh, Advocate Mr. Abhiprav Singh, Advocate For the Opposite Party : Mr. Sri Rajballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Mahila (Bhabhua) P.S. Case No. 37 of 2016, registered for the offence punishable under Section 376 of the Indian Penal Code.

Allegedly, the petitioner called the informant and committed rape with her. The informant was working as maid servant in his house from earlier, the petitioner assured her to give land to her and on that assurance started developing physical relationship with her again and again but did not give land then she refused to come thereafter the petitioner assaulted her.

Patna High Court Cr.Misc. No.11405 of 2017 (3) dt.11-04-2017 2/2 Submission is of false implication and that the wife of the petitioner has lodged case against the informant and her husband on 26.11.2016 itself and thereafter this case has been lodged on 30.11.2016. The first occurrence is alleged to be of 20.11.2015 and after more than one year the case has been lodged and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that petitioner earlier committed forceful rape and thereafter on false assurance consented sex was developed. In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest to him and accordingly his such prayer stands rejected in connection with Mahila (Bhabhua) P.S. Case No. 37 of 2016, pending in the Court of learned Chief Judicial Magistrate, Kaimur (Bhabhua). (Jitendra Mohan Sharma, J.) Rajiv/- U T