Darpan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3466 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== DARPAN KUMAR Son of Surendra Chaudhary Resident of VillageDharhara, P.S.-Ben, District-Nalanda, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Dilip Kr Roy, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-05-2020 Heard learned counsel for the petitioner and learned APP for the State, through video confrencing. The petitioner has filed the instant application for grant of regular bail in connection with Ben P.S. Case No. 151 of 2019 registered for the offence under sections 493 and 376 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that the petitioner entered into love marriage with her on 19.10.2019 and thereafter abandoned her asking her to stay with her sister. On her parents making an attempt to reach the informant to the petitioner's house, the door was not opened. It is stated by the informant that the petitioner established physical relations with her on the pretext of marriage. It is stated by learned counsel for the petitioner that

Patna High Court CR. MISC. No.3466 of 2020(4) dt.28-05-2020 2/2 from perusal of the FIR itself it would transpire that no offence under Section 376 of the Indian Penal Code is made out. There is no specific mentioning about the informant and petitioner's living in a live-in-relationship on account of love marriage and the petitioner who has no criminal antecedent is in custody since 22.10.2019.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the contents of the FIR, the nature of allegations made therein and the petitioner being in custody since 22.10.2019, the court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Ben No. 151 of 2019 on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VI, Nalanda at Bihar Sharif. (Partha Sarthy, J) sushma/- U T