Birendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15886 of 2017 (2) dt.14-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15886 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -MEDANICHOWK District- LAKHISARAI ======================================================

1. Birendra Kumar S/o- Umesh Ram, Resident of Village- Kiranpur, Police Station- Medinichowki, District- Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar, Advocate For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

14-06-2017 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is seeking Anticipatory Bail in connection with Medinichowki P.S. Case No. 06/2017 for the offences registered under Section 376 of the Indian Penal Code and under Section 104 of POSCO Act and under Section 3(1)(w)2(V-a) of the Schedule Caste/Schedule Tribe Act.

A bare perusal of the First Information Report would show that there is an allegation of allurement and committing rape on the pretext of marriage against this petitioner. The informant has also made statement under Section 164 Cr.P.C. The allegations are there.

Patna High Court Cr.Misc. No.15886 of 2017 (2) dt.14-06-2017 Learned counsel for the petitioner submits that it is a case of false implication and at best it is case of love affairs.

In the facts and circumstances of the case, I am not inclined to grant Anticipatory Bail to the petitioner. The prayer for Anticipatory Bail of the petitioner is hereby rejected.

However, if he surrenders before the court below within a period of four weeks and seek regular bail, his prayer may be considered on its own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T