Rahul Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70023 of 2021 Arising Out of PS. Case No.-466 Year-2020 Thana- BETTIAH CITY District- West Champaran ====================================================== Rahul Kumar @ Rahul Son of Arjun Rai Resident of Village - Khas Semra, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2022 Heard both parties.

The petitioner apprehends his arrest in Bettiah Town P.S. Case No. 466 of 2020, registered for the offences punishable under Sections 376, 420 of the Indian Penal Code. On the pretext of marriage, this petitioner established physical relation with the informant.

It is submitted that petitioner has falsely been implicated in this case. There is inordinate delay of 25 months in lodging the FIR without any plausible explanation. Even the complaint case was lodged after 14 months. The informant is major. Petitioner claims clean antecedent.

Counsel for State however vehemently opposed the prayer for bail and submitted that there is specific and direct

Patna High Court CR. MISC. No.70023 of 2021(4) dt.10-11-2022 2/2 allegation against this petitioner of commission of rape on the pretext of marriage and the prosecution version is duly supported by the informant in her statement under Section 164 Cr.P.C Considering the statement of informant under Section 164 Cr.P.C, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T