Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10975 of 2024 Arising Out of PS. Case No.-43 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== Nandan Kumar Son Of Hari Sah @ Hari Prasad Resident Of Mohalla P.S. - Kalibagh,O.P., Near Chhoti Masjid Ward 10, P.S. - Bettiah Town, District - West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Lokesh, Advocate For the Opposite Party/s :
Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Mahila Bettiah Town P.S. Case No. 43/2023 lodged on 26.07.2023 under Sections 420, 376, 323, 341, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against five named accused persons, including the present petitioner alleging therein that the petitioner on the pretext of marriage established physical relationship with the informant several times, but subsequently refused to perform marriage with her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10975 of 2024(2) dt.22-02-2024 2/3 petitioner is innocent and has committed no offence. It is true that there was a physical relationship developed between the petitioner and the informant. The informant was putting pressure on the petitioner to change his religion for which he was not ready then pressure was started. It is due to this reason, the petitioner has filed an informatory petition prior to lodging of the FIR (Annexure- P/2) in which he has alleged that the husband of the informant was ill for a long time and in the course of his treatment and delivering medicine, the petitioner had to visit the house of the informant several times. The informant wanted to be close with the petitioner with bad intentions and on denial being made by the petitioner with a view to put pressure on him, the present case has been lodged. The petitioner is in custody since 07.10.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learnd J.M. 1st Class, Bettiah, West
Patna High Court CR. MISC. No.10975 of 2024(2) dt.22-02-2024 3/3 Champaran, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure. (Dr. Anshuman, J) Ashwini/- U T