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Patna High CourtCR. MISC./43518/2016rejected

Vivekanand Kumar v. State Of Bihar And ANR

2016-12-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43518 of 2016 Arising Out of PS.Case No. -111 Year- 2015 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Vivekanand Kumar, Son of Dhanushdhari Singh, Resident of village - Maniyan Chak, P.S. Roh, District - Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Baby Kumari, daughter of Anil Kumar, resident of village - Johalpura, P.S. Noor Sarail, District - Nalanda.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 08-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihar Mahila P.S. Case No.111 of 2015 registered under Sections 376, 504 and 313/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Bihar Sharif, Nalanda. The accusation against the petitioner is of developing physical relation with the complainant/informant/opposite party no.2 on assurance to perform the marriage with her but, later on, this petitioner and his family members refused to perform the marriage with her.

Patna High Court Cr.Misc. No.43518 of 2016 (3) dt.08-12-2016 2/2 Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T