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Patna High CourtCR. MISC./60205/2018rejected

Ankit Bhardwaj v. The State Of Bihar

2018-11-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60205 of 2018 Arising Out of PS. Case No.-128 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Ankit Bhardwaj S/ o Ashwani Singh, R/o Mohalla- New Godown Jheelganj, P.S.- Kotwali, District-p Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-11-2018 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 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is that he was in physical relation with the informant pretending that he would marry with the informant when the informant would get majority. The victim girl has supported the aforesaid allegation in her statement under Section 164 Cr.P.C.

Submission of the learned counsel for the petitioner is that just to pressurize for marriage, the false case has been

Patna High Court Cr.Misc. No.60205 of 2018(3) dt.19-11-2018 2/2 lodged. Moreover, since the family of the informant was tenant in the house of the petitioner some time back, there was grudge for some dispute between the landlord and tenant. Some independent witnesses have stated before the police that the allegation is not a genuine one.

Since the statement of the victim cannot be disbelieved at this stage, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. Petitioner is directed to surrender within three weeks and pray for regular bail.

(Birendra Kumar, J) Mkr./R.RanjanU T