Dabar @ Md. Dabar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84287 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- BAISI District- Purnia ====================================================== Dabar @ Md. Dabar S/O Abul Hasan R/O Vill- Bakhariya, P.S. Baisi, Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mazher Alam, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Baisi P.S. Case No.84 of 2024, registered for the offence punishable u/s 323, 342, 379, 376 of IPC.

3.

Allegedly, the petitioner established physical relation with the informant several times on the pretext of marrying her. When informant came to know that petitioner is marrying someone else, she went to petitioner's house where petitioner along with other co-accused persons assaulted her and snatched silver chain from her.

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

Patna High Court CR. MISC. No.84287 of 2024(2) dt.16-12-2024 2/2 motive. It is further submitted that victim is a major and physical relation has been established with her consent. On perusal of FIR, informant herself admitted that she had sexual relation with the petitioner for a long time but she never disclosed the matter even to her parents and when she came to know that petitioner's marriage is going to be held, she filed this case against the petitioner. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail. 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