Patna High CourtCR. MISC./3292/2019bail granted

Kishore Kumar Singh v. The State Of Bihar

2019-01-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3292 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- DHANKUND District- Banka ====================================================== Kishore Kumar Singh, son of Bharat Singh @ Bharat Ram, resident of village - Katahara, P.S.-Dhankund, District-Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Chandra Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the Informant Mr. Ashutosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-01-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Informant. Counter Affidavit has been filed on behalf of the Informant. Let it be kept with record.

Petitioner seeks bail in Dhankund P.S. Case No. 80 of 2018 instituted for the offence under Section(s) 341, 323, and 376 Indian Penal Code.

Counsel for the petitioner submits that informant and petitioner have already performed marriage. They have also filed joint compromise petition in the Court below. In the written report, it is alleged that this petitioner committed rape with the informant.

Counsel for the Informant appears and submits that

Patna High Court Cr.Misc. No.3292 of 2019(2) dt.24-01-2019 2/2 parties have already performed marriage and they are living together.

It is mentioned in the Counter Affidavit that informant was never raped by this petitioner.

Petitioner is said to be in custody since 29.11.2018. In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Banka, in connection with Dhankund P.S. Case No. 80 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- Rohit Kr.

U T