Ajay Kumar Bind @ Dr. Ajay Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.943 of 2019 Arising Out of PS. Case No.-69 Year-2018 Thana- MAHILA P.S. District- Kaimur (Bhabua) * ====================================================== Ajay Kumar Bind @ Dr. Ajay Bind, son of Sri Rama Shankar Bind, r/o Village - Kalyanpur Atariya, P.S. Durgawati, Distt. Kaimur, at Present residing at Purab Pokhara , At and P.S. Bhabua , Distt.- Kaimur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anjani Kumar Sinha No.1, Advocate.
For the informant : Mr. Kumar Sunil, Advocate. For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.
The petitioner seeks bail in Bhabua Mahila P.S. Case No. 69 of 2018, instituted for the offence under Section(s) 341, 323, 376, 504, 495 and 506 of the Indian Penal Code. Counsel for the petitioner submits that petitioner is in custody since 19.11.2018 having clean antecedent. The victim is major. Counsel for the petitioner further submits that petitioner has not committed any overt act with the informant by giving any false pretext.
It is alleged in the written report that petitioner established physical relationship with the informant on the assurance that he will marry her, as a result of which, she became
Patna High Court CR. MISC. No.943 of 2019(3) dt.13-03-2019 2/2 pregnant and gave birth to a child, but petitioner refused to marry her and kept the child with him. In the written report the victim girl has stated her age as 24 years. Therefore, the victim is major. This Court feels that all those acts cannot be done by anyone by force.
It is mentioned in paragraph-3 of the bail petition that petitioner has clean antecedent.
Counsel for the informant has appeared and opposed the prayer for bail. He submits that petitioner on giving false pretext that he is unmarried, has established physical relationship with the informant.
Considering the aforesaid 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 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Kaimur at Bhabua, in connection with Bhabua Mahila P.S. Case No. 69 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T