Ranjan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67715 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- DESARI District- Vaishali ====================================================== RANJAN KUMAR S/O DEVENDRA RAY R/O VILL-MAHIPURA, PSJANDAHA, DIST-VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks anticipatory bail in connection with Desari (Chandpura O.P.) P.S. Case No. 217 of 2023, registered for the offence punishable under Sections 341, 323, 406, 379, 377,504/34 of the Indian Penal Code.
3. As per F.I.R., allegation against the petitioner is that on the pretext of marriage, he has committed unnatural offence with the informant.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. There is no specific overt act against the petitioner. Petitioner has got no criminal antecedent.
5. Learned APP has opposed the prayer for bail and
Patna High Court CR. MISC. No.67715 of 2023(3) dt.24-01-2024 2/2 submits that the informant belongs to the transgender category and the petitioner is taking the advantage of her gender and committed unnatural offence with informant.
6. Considering the aforesaid submission of the parties and also the nature of the offence, I am not inclined to grant anticipatory bail to the petitioner.
7. Hence, his prayer for anticipatory bail stands rejected.
8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.
(Anjani Kumar Sharan, J) Ranjeet/- U T