Baban Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42478 of 2018 Arising Out of PS.Case No. -15 Year- 2017 Thana -CHUTIA SAHAYAK District- SASARAM (ROHTAS) ======================================================

1. Baban Yadav S/o- Ram Janam Yadav R/o Village- Tiura, P.S. Chutiya, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deovind Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2018 The petitioner is apprehending his arrest in connection with Chutiya P.S. Case No. 15/17, registered for offences punishable under 376/34 of the Indian Penal Code. Allegation against the petitioner, who happens to be devar (brother in law) of the informant is of commission of rape with the informant on the promise of marriage and when the informant became pregnant, he refused to marry her. Submission of learned counsel for the petitioner that the present false case has been lodged by the informant only with a view to compel the petitioner to marry the informant as she has been deserted by her husband and the statement of the informant recorded under Section 164 Cr.P.C, in which, she has stated that the petitioner made physical relationship with her a year ago and

Patna High Court Cr.Misc. No.42478 of 2018 (3) dt.21-08-2018 2/2 she is still pregnant,, which itself suggest that she has filed the false and concocted case.

Learned counsel for the State opposed the prayer for bail on the ground that the witnesses have supported the allegation that the petitioner on the promise of marriage had made physical relationship with the informant.

Having heard both sides, in view of the facts and circumstances of the case as well as in view of the nature of allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be considered on its own merit.

(Vinod Kumar Sinha, J) sunil/- U T