Nitesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27047 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nitesh Prasad, son of Suresh Prasad @ Suresh Bhagat, resident of Village- Dulma, Ward No. 01, P.S. Madhuban, District East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 The petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 265/17, registered for offences punishable under Sections 376 of the Indian Penal Code. Allegation against the petitioner is of committing rape on the informant and taking obscene picture and on the basis of same, he black mailed the informant and committed rape on her several times.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact the informant was a consenting party as there was love affair between them. It has also been submitted that now the matter has been compromised between the parties Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.27047 of 2018 (3) dt.16-05-2018 2/2 Having heard both sides, considering the facts and circumstances of the case and the nature of offence, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is accordingly dismissed.

The petitioner may surrender before the court below and pray for regular bail, which will be considered on the merit of the case.

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