Ravi Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 6812 of 2019 Arising Out of PS. Case No.-805 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Ravi Shankar S/o. Sunil Kumar Choudhary Resident of Vivekanand Colony, P.S. K. Hat (Sahayak), District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Prasad Roy, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 376/406/420 of the Indian Penal Code.

Allegation against the petitioner is that he developed intimacy with the informant and both fell in love with each other as a result whereof the petitioner was in physical relationship with the informant on 17.01.2017 against her desire. Thereafter, the petitioner promised to marry with her. Later on there is allegation of cheating of money from the informant as she believed that petitioner is going to marry with her.

Patna High Court CR. MISC. No. 6812 of 2019(3) dt.23-04-2019 2/3 Learned counsel for the petitioner submits that petitioner is in custody since 23.11.2018. Investigation of the case is already complete. Entire dispute between the two started when the petitioner came to know about the earlier FIR lodged by the same informant vide Kasruwadavali P.S. Case No.ICC/16 in the district of Thane wherein the informant had leveled identical allegation of love and physical relation against one Hemand Kumar Singh, a Software Engineer. Copy of the FIR is at Annexure-2.

Learned counsel for the informant stated that even if the informant was in some relationship with another that cannot give indulgence to commit anything by anyone against her. The present FIR also reveals that after intimacy between two engineers the closeness developed and the entire allegation is there. The informant has produced a letter written by the petitioner to the Sub-Inspector, Hebbal Police Station in the town of Bangalore wherein the petitioner has prayed for five days' time to get family discussion for marriage with the informant.

Considering the entire facts and circumstances of the case, let the petitioner, above named, be released on bail on

Patna High Court CR. MISC. No. 6812 of 2019(3) dt.23-04-2019 3/3 furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with K. Hat (Sahayak) P.S. Case No.805 of 2018, with condition that petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T