Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11528 of 2024 Arising Out of PS. Case No.-74 Year-2023 Thana- BHAGWANPUR DistrictBegusarai ====================================================== PRADEEP KUMAR SON OF SRI TEJ NARAYAN MAHTO RESIDENT OF VILLAGE - KIRATHPUR, P.S. - BHAGWANPUR, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 74 of 2023 registered for the offence under Sections 323, 341, 376 and 34 of the Indian Penal Code.

3. According the prosecution, the petitioner is alleged to have established physical relation with the victim girl on the pretext of performing marriage and after passage of time, he refused to perform marriage with the victim girl.

4. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He

Patna High Court CR. MISC. No.11528 of 2024(2) dt.26-02-2024 2/3 further submits that the petitioner has performed marriage with the victim girl on 01.10.2023 at Bainatyh Dham Temple which would be evident from Annexure-3 to the application. He further submits that both the parties have filed a compromise petition before the trial court, which is evident from Annexure-4 and, therfore, nothing remains in this case for further prosecution of the petitioner in the present case. The petitioner is rotting in judicial custody since 06.11.2023.

5. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions made on behalf of the petitioner as also the fact that the petitioner has performed marriage with the victim girl and both the parties have, voluntarily, compromised their case by filing a compromise petition before the trial court, which is at annexure-4, this Court is inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is allowed.

7. Let the, above named, petitioner be released on bail, after framing of Charge, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

Patna High Court CR. MISC. No.11528 of 2024(2) dt.26-02-2024 3/3 Magistrate-1st Class, Begusarai in connection with Bhagwanpur P.S. Case No. 74 of 2023.

8. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the above name petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner shall present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) brajesh/- U