Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5947 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- MAHILA PS District- Khagaria ====================================================== Kailash Kumar, son of Sri Samo Yadav, aged about 24 years, Gender Male, Resident of Village - Khutiya, P.S. Mansi, District- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Prasad, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khagaria Mahila P.S. Case No. 39 of 2018 registered for the offence punishable under Section 376 of the Indian Penal Code.

Informant is the victim girl who in her written complaint has stated that petitioner had established physical relation with her on promise of marriage but subsequently he refused to marry her.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. There is no allegation of establishing physical relation with the petitioner either forcibly or without her will or consent and even assuming allegation was true was consensual. Petitioner is in custody since

Patna High Court Cr.Misc. No.5947 of 2019(2) dt.07-02-2019 2/2 10.12.2018 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss. Simmi Kujur, learned Judicial Magistrate 1st, Khagaria, in connection with Khagaria Mahila P.S. Case No. 39 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T