Harendra Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67479 of 2019 Arising Out of PS. Case No.-14 Year-2015 Thana- KARAHGAR District- Rohtas ====================================================== HARENDRA KUMAR GUPTA S/o Arjun Sah R/o Village- Lahuara, P.S.- Karagahar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 366(A) and 34 of the Indian Penal Code, registered in connection with Kargahar P.S.Case No. 14 of 2015.

3. It is submitted that the petitioner has been falsely implicated and there is delay in lodging of the FIR on 16.01.2015 for the alleged occurrence of 14.01.2015. It is submitted that no occurrence as alleged is made out, rather the so-called victim is enjoying her family life with her husband Chandan Paswan. The petitioner claims clean antecedents.

4. Learned APP invites reference to paragraph 122 of the case diary, in which the statement of the victim under Section 161 Cr. P.C. has been recorded in which she has stated

Patna High Court CR. MISC. No.67479 of 2019(3) dt.18-12-2019 2/2 that she is residing with her husband and nine-month-old child.

5. In that view of the matter, the provisional bail granted to the petitioner, above-named, by order dated 06.11.2019 in connection with Kargahar P.S. Case No. 14 of 2015, pending in the court of Additional Chief Judicial Magistrate,-III, Rohtas at Sasaram is hereby confirmed. (Vikash Jain, J) HR/- U T