Patna High CourtCR. MISC./1320/2019bail granted

Ashutosh Tiwari @ Pankaj Tiwari v. State Of Bihar And ANR

2019-01-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1320 of 2019 Arising Out of PS. Case No.-1018 Year-2018 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Ashutosh Tiwari @ Pankaj Tiwari S/O Vijay Kuamr Tiwari resident of vill. Koili, P.S. Nanpur District Sitamarhi ... ... Petitioner/s

Versus

State Of Bihar and Anr ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1018 of 2018 , registered for offences punishable under Sections 376, 313, 504 and 506 of the Indian Penal Code.

Allegation as per the complaint petition is that the petitioner taking advantage of her helplessness as she was deserted by her husband made physical relation with her and thereafter refused to marry her.

Submission of the learned counsel for the petitioner is that admittedly she is a married lady and the allegation also shows that physical relation was consensual and the case is on the complaint petition.

Patna High Court Cr.Misc. No.1320 of 2019(2) dt.18-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM IV, Sitamarhi in connection with Complain Case no.1018 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition to co-operate in the investigation of the case. With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T