Chandan Yadav vs State Of Bihar

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends arrest in connection with Kahalgaon (Ghogha) PS Case No. 226 of 2019 dated 03.04.2019 instituted under Sections 323,

341, 342, 354 and 376/34 of the Indian Penal Code.

The allegation against the petitioner and six other persons is of forcibly abducting the informant and the petitioner establishing physical relationship

on the pretext of marriage.

Learned counsel for the petitioner submitted that in the statement recorded before the Court under Section 164 of the Code of Criminal Procedure,

1973, the informant has stated that she was married with one Ashish Mandal and had known the petitioner from before that and she had left her house

with the petitioner as the petitioner had assured marriage and that the petitioner had established physical relation with her and later on, when she went

to the house of the petitioner, she was assaulted by the petitioner’s parents and sister.

Learned counsel for the petitioner submitted that the informant has not stated the truth either in the FIR nor before the Court as in the statement

recorded by the police of the mother, paternal grandmother and uncle of the informant, they have stated that when the informant returned, she has

stated that she had gone to her maternal grandmother’s house and has not alleged anything against the petitioner.

Learned APP submitted that the informant specifically making such allegation against the petitioner, both in the FIR and the Court, with regard to

the petitioner, under false pretext establishing physical relationship, he cannot claim innocence.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge

the petitioner on anticipatory bail.

Accordingly, the application stands dismissed.