Abhishek Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68628 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- VISHNUPAD District- Gaya ====================================================== Abhishek Kumar Sinha Son of Ashutosh Sinha @ AShutosh Kumar Resident of Mohalla - Godawari, Near Shivam Classes, P.S. - Vishnupad, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma For the Opposite Party/s :

Mr.Awadhesh Kumar Singh Ms. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2022 The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 323, 354(B), 379, 376, 504, 506 of the Indian Penal Code.

It is alleged against the petitioner that on promise to marry, he established physical relationship with the informant. It is further alleged that he also took rupees three lakhs and gold jewellary for starting a business with an assurance to return the same, but whenever the informant demanded her money and jewellary back, he abused and threatened of dire

Patna High Court CR. MISC. No.68628 of 2021(3) dt.14-07-2022 2/3 consequences and made assault.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. As per F.I.R, the incidence took place between 27.09.2020 to 27.02.2021 but neither any complaint nor F.I.R has been lodged against the petitioner during this period. Moreover, there is no documentary proof with regard to receiving money or gold ornament. The informant is a married lady having a child of 14 years. Hence, it is doubtful that on promise of marry, anyone will establish physical relationship without consent. Learned counsel appearing on behalf of the informant has stated that the thrust of accusation is against the petitioner. The independent witnesses have also supported the prosecution case. The victim in her 164 Cr.P.C statement has also corroborated the prosecution case.

Considering the fact that thrust of accusation is against the petitioner, this Court is not inclined to grant

Patna High Court CR. MISC. No.68628 of 2021(3) dt.14-07-2022 3/3 privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail stands rejected. Learned Court below may consider the regular bail of the petitioner, in accordance with law, without being prejudiced by the order of this Court.

(Sunil Kumar Panwar, J) Shageer/- U T