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Patna High CourtCR. MISC./62645/2019rejected

Manish Kumar Singh @ Manish Kumar v. The State Of Bihar

2019-10-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62645 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- TARAIYA District- Saran ====================================================== MANISH KUMAR SINGH @ MANISH KUMAR S/o Devendra Singh R/o village- Louwan, P.S.- Taraiya, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Akhileshwar Dayal Mr. Rananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2019 Heard both sides.

The petitioner apprehends his arrest in Taraiya P.S. Case No.97 of 2019 registered under Sections 366 and 34 of the Indian Penal Code.

The informant alleged that the petitioner kidnapped his wife.

The learned counsel for the petitioner submits that petitioner is next door neighbour of the informant. The wife of the informant developed love affairs with the petitioner and she voluntarily went to different places along with the petitioner but the wife of the informant returned and made different statement under Section 164 Cr.P.C.

It appears from perusal of the statement of the victim

Patna High Court CR. MISC. No.62645 of 2019(2) dt.18-10-2019 2/2 that victim went along with the petitioner to see her husband living in Delhi but the petitioner instead of taking her to Delhi to the residence of her husband took her to different places after intoxicating her and also forcibly established physical relation with her after keeping her in a house situated in a lonely place. Taking into consideration the fact that victim herself supported the allegations that the petitioner instead of taking her to the residence of her husband took her to different places and after confining her in a lonely place forcibly established physical relation with her, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Saurabh/- U T