Sachin Kumar @ Sachin Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76509 of 2019 Arising Out of PS. Case No.-200 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== SACHIN KUMAR @ SACHIN PRASAD Son of Ravindra Prasad @ Rabindra Prasad Resident of Village - Bansauhi, P.S.- Basantpur, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-11-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Basantpur PS case no. 200 of 2019 registered for the offences punishable under Sections 363, 366, 376, 323, 504, 120(B) of Indian Penal Code.

The allegation of the prosecution is that on 13.03.2019, the petitioner herein with the help of his family members, had forcibly taken the victim girl i.e. the petitioner herein to Jaipur with a promise to solemnize marriage with her and after getting married in a temple, the petitioner is stated to have engaged in physical and mental torture of the informant as also had engaged in establishing forcible sexual relationship

Patna High Court CR. MISC. No.76509 of 2019(2) dt.27-11-2019 2/3 with the informant and when the informant became pregnant, the petitioner is stated to have abandoned her and fled away. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he is having clean antecedent and the fact is that no such incident has taken place, inasmuch as FIR has been belatedly filed after three months of the alleged incident.

I have heard the learned counsel for the parties and perused the materials on record and I find that there is a direct allegation against the petitioner of having not only kidnapped the informant victim girl but had also forcibly establish physical relationship with her, resulting in the informant becoming pregnant, whereafter the petitioner is stated to have abandoned her. The impugned order dated 13.11.2019 would bear it out that alleged occurrence stands corroborated from the materials available in the case diary, thus this Court is of the opinion that no case is made out, atleast for grant of anticipatory bail to the petitioner, hence the present petition is dismissed.

(Mohit Kumar Shah, J) rinkee/- U T

Patna High Court CR. MISC. No.76509 of 2019(2) dt.27-11-2019 3/3