Manjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64982 of 2024 Arising Out of PS. Case No.-69 Year-2023 Thana- MAHILA PS District- Aurangabad ====================================================== Manjeet Kumar S/o Sanjiv Kumar R/o Village- Parta, P.S.- Amba, DistrictAurangabad ... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr.Mukul Kumari For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 13-02-2025 In pursuance to the direction of this Court, both parties appeared in person.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahila P.S. Case no. 69 of 2023 instituted for the offence under Sections 376, 506/34 of the Indian Penal Code.

3. Allegation against the petitioner is that, on the pretext of marriage, he established physical relation with the informant repeatedly. It is further alleged that petitioner used to give threaten of dire consequences and of making her obscene photos viral. It is further alleged that both parties solemnized marriage before the Notary Public, Aurangabad.

Patna High Court CR. MISC. No.64982 of 2024(5) dt.13-02-2025 2/3 Thereafter, the petitioner tried to sell her but she succeed in fleeing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The present case has been lodged by the informant against the petitioner and four others including his family members. The allegation of solemnization of marriage before the Notary Public, Aurangabad is totally false. It is further submitted that as per allegation, the petitioner has gone to Delhi with the informant by Train but she did not raise any alarm or objection during the period of journey and as such, the allegation against the petitioner, of travelling by Train with the informant is concocted. As per submission, informant wants to marry with the petitioner but he refused which resulted in this false allegation. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. Learned APP appearing for the state has vehemently opposed the prayer of bail and submitted that form perusal of the case diary, it is evident that there is

Patna High Court CR. MISC. No.64982 of 2024(5) dt.13-02-2025 3/3 enough material which shows the complicity of petitioner in the present case. In the statement of victim, recorded under section 164 of Cr.P.C., she has fully corroborated the prosecution case and she has specifically stated that petitioner has ravished her on the pretext of marriage. Though the petitioner has submitted about bad conduct of the informant but bad conduct of the victim does not give license to commit rape.

6. Having heard the learned counsel for the parties and considering the nature of allegation and the statement of victim recorded u/s 164 Cr.P.C., this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for anticipatory bail stands rejected.

7. The petitioner is directed to surrender before learned court below and prays for regular bail, the same shall be considered by the court below, without being prejudiced by the order of this Court.

(S. B. Pd. Singh, J) Nirajkrs/- U T