Patna High CourtCR. MISC./34494/2018dismissed

Gautam Kumar v. State Of Bihar And ANR

2018-06-19Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34494 of 2018 Arising Out of PS. Case No.-1059 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Gautam Kumar, aged about 28 years, Son of am Narain Prasad, Resident of Village- Muzaffarpur, Nalanda, P.S.- Nalanda, Dist- Nalanda. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Kanchan Devi aged about 35 years, W/o Late Jai Ram Kumar, Resident of Muhalla- Purvi Nand Gola, P.S.- Malsalami, Dist- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gauri Shankar Prasad For the Opposite Party/s :

Mr. Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Complaint case No.1059 of 2017 registered under Sections 323, 504, 498A, 376, 313, 314, 315 of the I.P.C. and 3⁄4 of Dowry Prohibition Act, pending in the court of A.C.J.M., Patna City.

Allegation against the petitioner is of committing rape upon the victim.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.34494 of 2018(2) dt.19-06-2018 2/2 petitioner. The petitioner has falsely been implicated in the present case. There is no medical examination report in support of allegations made in respect of offence under Section 376 I.P.C.

On behalf of the State, it is submitted that the petitioner is named in the complaint case. Specific allegation of commission of rape is alleged against the petitioner. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

Any how if the petitioner surrenders in the court below, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T