Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52391 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -MAHILA PS District- AURANGABAD ====================================================== Pappu Kumar son of Radheshyam, resident of village - Jamhore, P.S.- Jamhore, District - Aurangabad .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Satyendra Kumar Srivastava, Advocate For the Opposite Party/s : Mr. R.S.Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in connection with Aurangabad Sadar Mahila P.S. Case No.10 of 2015 registered under Sections 323, 376 and 506 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
It is contended that the allegations made in the FIR are not true. The FIR itself shows that it was the case of consensual relationship between the informant and the petitioner for six years and in view of the fact that the informant is a grown up lady, the ingredients of the offence punishable under Section 376 of the Indian Penal Code would not be attracted.
On the other hand, learned counsel for the State has
Patna High Court Cr.Misc. No.52391 of 2015 (3) dt.30-01-2016 2/2 opposed the application for grant of bail. He has submitted that the petitioner was having live-in relationship with the informant for six years on false pretext of marriage and subsequently he resiled from the promise.
Regard being had to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad in connection with Aurangabad Sadar Mahila P.S.Case No.10 of 2015 corresponding to G.R. No.723 of 2015.
(Ashwani Kumar Singh, J) Md.S./- U T