Ram Pravesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18061 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== RAM PRAVESH PRASAD Son of Late Tripti Narayan Singh Resident of Village - Bhikhua, Police Station - Fatuha, District - Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No. II :
Mr.Gajendra Kumar Singh For the Opposite Party/s :
Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-08-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Ramkrishna Nagar P.S. Case No. 196 of 2020 (G.R. No. 3847 of 2020) instituted for the offences under Sections 420 and 376 of the Indian Penal Code.
The prosecutrix has alleged in the First Information Report that while she had come out of her matrimonial home because of some differences with her relatives, the petitioner met her and induced her to join his company. She was kept in a rented house and was
Patna High Court CR. MISC. No.18061 of 2021(2) dt.12-08-2021 2/3 subjected to sexual intercourse. Later, the petitioner fought with her and threw her out of the house. The prosecutrix also alleges to have been threatened of dire consequences in case she put up any claim against the petitioner. Hence the F.I.R.
Learned counsel for the petitioner has submitted that from the very narration in the First Information Report, it would appear that an absolutely false case has been lodged against him. The prosecutrix had joined the company of the petitioner of her own choice, without their being any inducement or promise which was not kept or on the pretext of marrying her. It has further been submitted that in her statement under Section 164 Cr.P.C. her intention is laid bare. She has stated that while she was giving stage performance at Muzaffarpur, she came in contact with the petitioner with whom she came to Patna . For about two years, she stayed with him and thereafter because of a fight between them, he left her company. She has further stated that she wants to stay with the petitioner provided he makes arrangements for her stay and for her future. The
Patna High Court CR. MISC. No.18061 of 2021(2) dt.12-08-2021 3/3 prosecutrix has also stated that she will have no objection if the petitioner resumes his family life.
These statements clearly indicate the purpose behind the lodging of the subject F.I.R..
Regard being had to the afore-noted arguments, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge -XIII-cum-Additional Chief Judicial Magistrate, Patna, in connection with Ramkrishna Nagar P.S. Case No. 196 of 2020 (G.R. No. 3847 of 2020), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T