Gopal Mandal @ Gopal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20729 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -BUDHUCHAK District- BHAGALPUR ======================================================

1. Gopal Mandal @ Gopal Kumar Son of Yogendra Mandal, Resident of Village- Ekchari Diyara, P.S.- Buddhuchak, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Purushottam Kumar Das, Advocate For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 376/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Allegation against the petitioner is of sexual exploitation of the informant on the pretext of marriage.

Submission of the petitioner is that even if allegation is assumed to be correct it is a case of consensual sex. In my view, prima facie the matter is at least of cheating. Hence, I am not inclined to grant anticipatory bail to the petitioner in connection with Buddhuchak Police Station Case No. 30 of 2016 of 2016, pending in the Court of learned Chief Judicial

Patna High Court Cr.Misc. No.20729 of 2017 (2) dt.12-05-2017 2/2 Magistrate, Bhagalpur/Successor Court.

Accordingly, the prayer for anticipatory bail is refused. (Birendra Kumar, J) Mkr./- U T