Kunal Kumar Pandey @ Rajan Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68216 of 2022 Arising Out of PS. Case No.-18 Year-2021 Thana- MAHILA PS District- Darbhanga ====================================================== Kunal Kumar Pandey @ Rajan Pandey Son Of Mahesh Pandey R/O VillageBangara Hardas, P.S.- Kanti, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 376, 354C/506 of the Indian Penal Code.

Petitioner is said to have committed rape the informant on the point of dagger.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the prosecutrix being a major lady has denied in oral as well in written to medically examined herself against such allegation at DMCH, Darbhanga. He submits that actually the petitioner is the victim in this case, he has been implicated by the prosecutrix, who wants to blackmail to the petitioner for forceful marriage, mounting of pressure of

Patna High Court CR. MISC. No.68216 of 2022(4) dt.08-05-2023 2/2 criminal litigation with present case of heinous allegation of rape. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail and submits that the process of Sections 82 and 83 of the Cr.P.C. has been completed against the petitioner. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, this prayer for anticipatory bail is rejected in connection with Darbhanga Mahila P.S. Case No. 18 of 2021. (Anjani Kumar Sharan, J) devendra/- U T