Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82451 of 2024 Arising Out of PS. Case No.-220 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Sandip Kumar Son of Umesh Sao R/O Vill.- Tetaria P.S.- Govindpur DistrictNawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Govindpur P.S. Case No.220 of 2024, registered for the offence punishable u/s 376, 313 of IPC.

3.

Allegedly, the petitioner established physical relation with the victim on the pretext of marriage and when victim asked him for marriage, he refused to marry her and he along with one other co-accused person have assaulted the victim. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. As per FIR, occurrence took place on 01.07.2022 and the FIR has been lodged on 19.07.2024 i.e after the delay of

Patna High Court CR. MISC. No.82451 of 2024(2) dt.11-12-2024 2/2 about two years without any valid explanation for the said delay which casts serious doubt regarding prosecution story. It is further submitted that victim is a major and physical relation has been established with the consent of the victim. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that petitioner has made physical relation with the victim for two years on the pretext of marriage and later on, he refused to marry her.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) priyanka/- U T