Patna High CourtCR. MISC./85465/2019dismissed

Jitendra Kumar Akela v. The State Of Bihar

2021-09-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85465 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== JITENDRA KUMAR AKELA Son of Ramji Prasad Resident of Village/Mohalla - Mohanchak Milki, P.S.- Islampur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ritesh Kumar, Advocate For the State :

Mr. Aditya Narayan Singh.1, APP For the informant :

Mr. Harendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-09-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

The petitioner is apprehending his arrest in connection with Mahila P.S. Nalanda case No.65 of 2019 registered under Sections 498(A), 323, 376, 506/34 of the Indian Penal Code, pending in the court of C.J.M., Nalanda at Bihar Sharif. Allegation is that the husband of the informant brought two unknown persons in order to outrage her modesty and while committing rape by one of the person, the petitioner prepared video and informed to the father and brother of the informant.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.85465 of 2019(4) dt.23-09-2021 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Except for offence under Section 376 of I.P.C., rest of the offences are triable by the Magistrate. On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the F.I.R. The petitioner is the husband of the victim. At the instance of the petitioner, his wife was subjected to rape by unknown persons. A video was also recorded by this petitioner in respect of commission of rape by stranger.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T