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Patna High CourtCR. MISC./16913/2017dismissed

Deepak Kumar Thakur v. The State Of Bihar

2017-05-10Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16913 of 2017 Arising Out of PS.Case No. -27 Year- 2017 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Deepak Kumar Thakur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pandey For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Sultanganj P.S. Case No. 27 of 2017 instituted for the offence under Section(s) 376 Indian Penal Code pending in the Court of the A.C.J.M. Bhagalpur.

As per the written report this petitioner developed physical relationship with the informant on the promise to marry her. It is further alleged that on this pretext he continued physical relation with her. Thereafter he got job of Grade-D in Railway and refused to marry the girl. Panchayati was also held but he declined to marry the girl. Under Section 164 of the Cr.P.C the girl has specifically stated that this petitioner established physical relation with her and she also got pregnant. She has also stated

Patna High Court Cr.Misc. No.16913 of 2017 (2) dt.10-05-2017 2/2 that the petitioner promised to marry her but he declined to marry her. Statement of the victim recorded under Section 164 of the Cr.P.C has been enclosed as Annexure-1 to the supplementary affidavit filed on behalf of the Opposite Party No. 2. In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order. (Sanjay Priya, J) Ranjan/- U