Nishant Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28375 of 2018 Arising Out of PS.Case No. -7 Year- 2018 Thana -MANJHI District- SARAN ====================================================== Nishant Kumar Rai S/o Ramashankar Rai, R/o Vill.- Sakardih, P.S.- Jalalpur, District- Saran at Chhapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yashraj Bardhan For the Opposite Party/s : Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-06-2018 Petitioner apprehends his arrest in connection with Manjhi P.S. Case No. 07 of 2018 registered for the offences punishable under Sections 420, 406, 376 and 34 of the Indian Penal Code. Allegation against the petitioner is that he has made physical relationship with the informant on assurance of marriage and when she became pregnant he refused to marry her. Further allegation is that victim had gone to the house of the petitioner to attend marriage of sister of the petitioner where she had gone with all her ornaments of Rs. 1 lakh 50 thousand which were taken by the petitioner and not returning the same.

Submission of learned counsel for the petitioner is that whole prosecution case does not appear to be believable as the occurrence was known to the mother of the informant and in spite

Patna High Court Cr.Misc. No.28375 of 2018 (4) dt.25-06-2018 2/2 of that she had not objected and moreover her statement under Section 164 Cr. P.C. shows that she is major. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail and learned counsel for the informant has drawn my attention towards Annexure-A, to the petition which is the school certificate of Bihar School Examination Board, from which it appears that she is minor.

Having heard both sides and in the facts and circumstances, I am not inclined to grant to privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which will be considered on its own merit.

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