Order on Board

17.10.2023

1. The instant is the first application for grant of anticipatory bail to the applicant. He is apprehending his arrest in connection with Crime No. 166/2023 registered at Police Station Patna, District Korea (C.G.) for the commission of offence punishable under Sections 294, 506, 323, 376, 376 (2) (n), 315 of IPC and Section 5 (2) (3) of the Medical Termination of Pregnancy Act, 1971.

2. As per the prosecution case, on 22.05.2023 the complainant lodged a written complaint to the effect that co-accused namely Om Prasad Panika on the pretext of marriage, sexually assaulted her and when she conceived, she was taken to hospital to abort the child and at that time the present applicant was also present. The allegation against the present applicant is that he got terminated the pregnancy of the complainant. On such a complaint, the police registered the offences as stated above.

3. Learned counsel for the applicant would submit that in present case, charge sheet has been filed and the complainant has already been examined and in her evidence, she has denied the suggestions that she was taken for abortion by the applicant and subsequently, the name of the present ap