Chandan Kumar @ Chandan Paswan @ Chandan Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80672 of 2024 Arising Out of PS. Case No.-12 Year-2024 Thana- MAHILA P.S. District- Madhubani ====================================================== Chandan Kumar @ Chandan Paswan @ Chandan Kumar Paswan S/O Shobhit Paswan R/o Village- Chichari, P.S - Raj Nagar, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kamani Kumari @ Kamini Kumari D/O Ram Sevak Saday R/O VillageNarayanpatti, P.S- Raj Nagar, Distt.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 12 of 2024 registered for the offences punishable under Sections 341, 323, 420, 376, 504, 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Allegedly, petitioner is said to have established physical relations with the informant on the pretext of marriage, but later on he went back on his word and also abused and assaulted the family members of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no

Patna High Court CR. MISC. No.80672 of 2024(2) dt.09-12-2024 2/2 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. It is further submitted that the informant is major aged about 19 years. During investigation, it came to light that the present case has been filed for mounting pressure for solemnization of marriage of the informant with the petitioner. There is inordinate and abnormal delay of more than one month in lodging the FIR without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. 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 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, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T