Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88708 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- SHAMPUR District- Munger ====================================================== Satyam Kumar Son of Rajeev Singh @ Rajiv Kumar Singh Resident of Village/ Muhalla - Paharpur, P.S - Shampur, District - Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Kumari Daughter of Rajendra Paswan Resident of Village / Muhalla - Nima Rang, P.S. - Jamui, District - Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-01-2025 Heard Mr. Sanjiv Kumar Singh, learned counsel for the petitioner and Mr. Abhay Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Shampur P.S. Case No. 62 of 2024, F.I.R. dated 01.06.2024 for the offences punishable under Sections 376 and 493 of the Indian Penal Code.

3. According to prosecution case, this petitioner had established physical relation with the victim on the pretext of marriage.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the

Patna High Court CR. MISC. No.88708 of 2024(2) dt.08-01-2025 2/2 F.I.R. He further submits that it appears from the F.I.R that on the pretext of marriage, the petitioner has made physical relation with the victim and therefore, he has not committed any forceful sexual assault upon the victim.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R itself that there is direct and specific allegation against the petitioner. He further submits that the statement of the victim was recorded under Section 164 of the Cr.P.C. in which she has supported the case of the prosecution and apart from that the CDR report also suggest that the petitioner was regularly in touch with the victim through phone.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Shampur P.S. Case No. 62 of 2024 pending in the court of Chief Judicial Magistrate, Munger.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T