Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44903 of 2015 Arising Out of PS.Case No. -168 Year- 2015 Thana -MASAURHI District- PATNA ======================================================

1. Krishna Kumar S/o Ram Sagar Prasad Resident of Mohalla - Kashmirganj, P.S. Masaurhi, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Ashok Kumar Singh-1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 365/34 of the Indian Penal Code.

The accusation is of abducting the wife of the informant with oblique purposes.

It is submitted by the learned counsel for the petitioner that earlier the informant filed Complaint Case No.363 C of 2014 alleging abduction of his wife on 22.9.2014 which got dismissed for non prosecution on 29.7.2015, thereafter with the same accusation the present FIR has maliciously been registered on 15.5.2015.

From the perusal of 164 Cr.P.C. statement of the victim,

Patna High Court Cr.Misc. No.44903 of 2015 (3) dt.02-11-2015 2/2 it appears that the petitioner took her to Delhi by administering some intoxicant through tea and there ravished her. The FIR itself suggests that earlier also the petitioner abducted the wife of the informant.

Considering the nature of accusation and the statement of the victim under section 164 Cr.P.C., this court is not inclined to grant anticipatory bail to the petitioner in connection with Masaurhi P.S. Case No. 168 of 2015 pending in the court of learned S.DJ.M. Masaurhi at Patna.

This application is, accordingly, dismissed.

(Dinesh Kumar Singh, J) Anil/- U T