Raj Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74226 of 2024 Arising Out of PS. Case No.-196 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Raj Raushan Kumar S/o Vikash Prasad R/o vill - Sugauli Bazar infront of S.P.N. College, P.S. - Sugauli, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr. Anil Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sugauli P.S. Case No. 196 of 2024 registered for the offences punishable under Sections 376, 313, 314/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that due to some dispute with her husband Bindu Das, the informant started living with her daughters in a rented house. In the meantime, she came in contact with this petitioner and started living with him in relationship. Petitioner used to establish sexual relations with the informant giving her false assurance of marriage and when she got pregnant, he started alluring her to terminate her pregnancy. Subsequently, petitioner terminated her pregnancy in

Patna High Court CR. MISC. No.74226 of 2024(2) dt.28-10-2024 2/3 a private clinic in association of his family members, but ultimately, did not solemnize marriage to the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. Neither he came in relationship with the informant nor he made any promise for solemnizing marriage with her. The real fact is that the family members of the petitioner kept the informant as a maid for Rs. 8000/- per month in their house, but when they came to know that she tried to come close to the petitioner, they made objection and ousted her from their house, thereafter, only with an ulterior motive, she filed this false case against the petitioner and his family members. However, later on, the informant realized her mistake and filed a compromise petition before the learned Court below. Learned counsel further submits that petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case as

Patna High Court CR. MISC. No.74226 of 2024(2) dt.28-10-2024 3/3 well as the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T