Patna High CourtCR. MISC./29065/2018dismissed

Aryan Kumar v. The State Of Bihar

2018-08-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29065 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -MAHILA P.S. District- NALANDA (BIHARSHARIFF) ====================================================== Aryan Kumar S/o Shobhi Mahto R/o Village- Kalyanpur, P.S Bihar, District- Nalanda(Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Mahila P.S.Case No. 213 of 2017 registered for the offences punishable under Sections 341, 342, 323, 504, 506, 354B and 34 of the Indian Penal Code.

Allegation as per FIR is that while informant was going to her friend, 4-5 boys came there and taken her in motorcycle and petitioner put 'Sindur' in her 'Mang' and also tried to commit rape upon her.

Submission of learned counsel for the petitioner is that earlier also one case has been lodged by father of informant for kidnapping of the girl and in that case the girl in her statement under Section 164 Cr.P.C. has stated that she has love affair with

Patna High Court Cr.Misc. No.29065 of 2018 (4) dt.13-08-2018 2/2 the petitioner and the present false and concocted case has been filed.

Heard learned APP also.

Having heard both sides and in view of the fact that the victim girl has herself stated about attempt to commit rape and putting of 'Sindur' in her 'Mang', this is not a fit case for grant of privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U