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Patna High CourtCR. MISC./24672/2018dismissed

Ashok Yadav v. The State Of Bihar

2018-05-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24672 of 2018 Arising Out of PS.Case No. -35 Year- 2017 Thana -MAHILA P.S. District- SIWAN ======================================================

1. Ashok Yadav, Son of Jhabulal Yadav, Resident of Village- Kumahati, Police Station- Darauli, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-05-2018 The petitioner is apprehending his arrest in connection with Siwan Mahila P.S. Case No. 35 of 2017, registered for offences punishable under Sections 363, 366, 376 of the Indian Penal Code.

Allegation against the petitioner that he on the promise of marriage enticed away the informant and established physical relationship with her for three days and, thereafter, he refused to marry her.

It has been submitted on behalf of the petitioner that out and out false and fabricated allegation has been levelled and no such occurrence has ever taken place and only to put pressure on the petitioner to solemnize marriage with the informant, this false case has been lodged.

Heard learned APP also.

Patna High Court Cr.Misc. No.24672 of 2018 (3) dt.18-05-2018 2/2 Having heard both sides, considering the facts and circumstances of the case, nature of accusation as well as the nature of injury sustained by the informant, I am not inclined to grant the privilege of anticipatory bail. This application is, accordingly, dismissed.

However, the petitioner, if so desire may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below shall dispose of the same on the merit of the case.

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