Priyesh Ranjan @ Manoj Das @ Prinyash Rajan @ Priyesh Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74140 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== Priyesh Ranjan @ Manoj Das @ Prinyash Rajan @ Priyesh Ranjan Son of Kishun Das R/O- Village- Chainpur Chiutaha, PS- Paroo, District -Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-11-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Dewaria P.S. Case no. 18 of 2024 registered under sections 376, 342, 323, 328 and 506 of the Indian Penal Code and section 67 of the Information and Technology Act.
3. As per the prosecution case, the informant states that the petitioner who happens to be the husband of her cousin sister took her to a room in a hotel, made her to drink an intoxicated tea and on her falling unconscious established physical relations with her. It is further stated that he took objectionable photographs and threatened that he would make
Patna High Court CR. MISC. No.74140 of 2024(2) dt.11-11-2024 2/3 the same viral. It is further stated that he also sent the photographs to some persons from his mobile phone, details of which has been mentioned in the F.I.R.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The relationship between the parties is evident from the contents of the F.I.R itself, the informant being cousin sister of the petitioner's wife. It is further stated that no details of whom the photographs was sent to have been given in the F.I.R and the F.I.R has been lodged after an unexplained and inordinate delay of 82 days. The petitioner has no criminal antecedent.
5. The application for bail is opposed by learned APP for the State who submits that there is direct allegation against the petitioner of having committed rape on the informant.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R wherein the petitioner who happens to the husband of the cousin sister of the informant is said to have committed rape on the informant together with the allegations having been supported in the statement of the informant recorded under section 164 Cr.P.C, the Court is not inclined to enlarge the petitioner on anticipatory bail and the application is rejected.
Patna High Court CR. MISC. No.74140 of 2024(2) dt.11-11-2024 3/3
7. The petitioner is directed to surrender in the learned trial Court within a period of four weeks.
(Partha Sarthy, J) Harsh/- U T