Sachin Gupta @ Sachin Kumar Gupta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21238 of 2015 Arising Out of PS.Case No. -79 Year- 2015 Thana -SIKARPUR District- WEST CHAMPARAN(BETTIAH) ====================================================== Sachin Gupta @ Sachin Kumar Gupta, S/o Tuntun Gupta, Resident of Prakash Nagar, Ward No. 12, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Neha Kumari, W/o Sachin Gupta @ Sachin Kumar Gupta, Resident of Prakash Nagar, Ward No. 12, P.S. Shikarpur, District West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Saket Tiwary, Advocate For the S t a t e : Smt. Sangita Sharma(APP) For the informant : Mr. Abhishek Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 On behalf of the informant (opposite party No.2), a counter affidavit has been filed. The same is being kept on the record.
Heard learned counsel for the petitioner and learned A.P.P. for the State as well as the learned counsel for the informant.
The petitioner is in custody in a case registered under Section 376 of the Indian Penal Code.
The prosecution case, in brief, is that the petitioner, who had come to Gorakhpur for getting medical treatment of his mother, met with the informant. They
Patna High Court Cr.Misc. No.21238 of 2015 (2) dt.13-07-2015 2/3 exchanged their mobile number and after two days, the petitioner left with his mother. Thereafter, the informant and the petitioner used to speak to each other on their mobile. The petitioner went to Gorakpur and the informant came along with the petitioner and they stayed together in a rented room at Sikarpur, where the petitioner and the informant made sexual relationship and it is alleged that the petitioner lured her with the offer of marriage. The next day the informant went back to her house at Gorakhpur and continued talking to petitioner on phone. Thereafter, after some time the petitioner again brought the informant to West Champaran from Gorakhpur and they lived together for about 37 days and continued to have physical relationship. It is further alleged that on 21.2.2015 at about 7.00 A.M., the petitioner asked the informant to go back to Gorakhpur and despite protest being made by the informant, the petitioner ousted her from the room.
It has been submitted on behalf of the petitioner that the petitioner has married with the informant and they are living together. The said fact has been supported by the learned Counsel for the informant.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on
Patna High Court Cr.Misc. No.21238 of 2015 (2) dt.13-07-2015 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Shikarpur P.S. Case No.79 of 2015. (Sudhir Singh, J) PNM U T