Asad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 2633 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- BARSOI District- Katihar ====================================================== ASAD, S/o Md. Kalwa, R/o village- Baskota Govindpur, P.S.- Barsoi, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 376/323/504/506/120B of the Indian Penal Code and 4 D.P. Act.

The prosecution case in brief is that the petitioner was attend to the complainant's house in the meantime he developed love affairs with the complainant and on promise of marriage the petitioner started physical relationship with the complainant thereafter, the petitioner went to Mumbai when the petitioner came back his house after 3-4 months he took her his house on 28.03.2019 in the meantime, his family members assaulted her and demanded Rs. 2 lac then marriage will be solemnized with the petitioner.

Learned counsel for the petitioner submits that love affairs between the petitioner and the victim girl since long. The

Patna High Court CR. MISC. No. 2633 of 2020(3) dt.20-03-2020 2/2 petitioner is innocent and he has been falsely implicated in this case. It further submits that due to love affairs and with the consent of the victim girl physical relationships made since long time, thereafter, u/s 376 of the I.P.C. is not made out against the petitioner. The complainant is aged about 18 to 19 years old which is reported by the medical board at (Annexure-2). The complainant did not disclose regarding this occurrence since long time. The complainant wanted to marriage with the petitioner and pressed him when the petitioner refused then the present case has been lodged against the petitioner and others. The petitioner is in custody since 26.10.2019 and has got no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Katihar, District-Katihar, in connection with Barsoi P.S. Case No. 255 of 2019.

(Anjani Kumar Sharan, J) amitkumar/- U T