Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6229 of 2019 Arising Out of PS. Case No.-139 Year-2018 Thana- HATHAURI District- Muzaffarpur ====================================================== Kamlesh Kumar, aged about 19 years (M), S/o- Sanjeet Sahni, R/o Simari Basant, P.S.- Hathauri, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Rakesh For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-02-2019 This is an application for grant of anticipatory bail in connection with Hathuri P.S. Case No. 139 of 2018, disclosing offences under Sections 341, 323, 376, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner is of committing physical intercourse with the informant on the pretext of marriage and later on refused to marry with her. Submission of learned counsel for the petitioner is that the F.I.R. itself shows that the girl was major aged about 18 years and further it appears that she was also a consenting party. Further, the petitioner has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above

Patna High Court Cr.Misc. No.6229 of 2019(2) dt.04-02-2019 2/2 named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur, in connection with Hathuri P.S. Case No. 139 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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