Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7467 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- PUNAURA District- Sitamarhi ====================================================== VISHAL KUMAR Son of Vijay Kumar Pal @ Vijay Kumar Raut R/o VillagePunaura, Kondwara, Ward No.10, P.S.- Punaura, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner and the State.

The petitioner prays for grant of bail in a case registered for the offence punishable under section 376 of the Indian Penal Code.

As per prosecution case, petitioner eloped the victim on the promise of marriage and committed sexual assault and later on he refused to marry.

It is submitted on behalf of petitioner that victim is major and live together for years and enjoyed each other's company. She was consenting party and offence under section 376 of the IPC is not made out. Petitioner is in custody since 26.11.2021.

Learned counsel for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.7467 of 2022(3) dt.19-05-2022 2/2 Considering the facts and circumstances of the case, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Punaura P.S. Case no. 186/2021.

(Prabhat Kumar Singh, J) s.hassan/- U T