Sandhir Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22393 of 2015 Arising Out of PS.Case No. -134 Year- 2015 Thana -DANAPUR District- PATNA ====================================================== Sandhir Raj S/o Sri Prem Kumar Resident of village - Andhara Chauki, P.S. Bikram, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Narendra Kumar, Advocate. For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-08-2015 Heard learned counsel for the parties.

Having regard to the nature of allegation against the petitioner for offence under Section 376 of the Indian Penal Code, this Court will not be impressed with the submission that the prosecutrix had earlier consented to the sexual relationship and the false allegation has been made against the petitioner only to pressurize for marriage, when this Court would find the facts to be otherwise inasmuch as from reading of the FIR, it becomes clear that the petitioner had initially allured the prosecutrix that he was not only in love with her but also was adamant and determined to marry her, and such physical relationship had developed between them as a sequel of the initiative of the petitioner . In that view of the matter, this Court will not be inclined to grant privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is, accordingly, rejected.

(Mihir Kumar Jha, J) Sujit/- U