Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9412 of 2019 Arising Out of PS. Case No.-857 Year-2018 Thana- BIHTA District- Patna ====================================================== Rahul Kumar S/o Raj Kishor Pandey Resident of village - Bishunpura, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This is an application for grant of anticipatory bail in connection with Bihta P.S. Case No. 857 of 2018, disclosing offences under Sections 366, 376, 34 of the Indian Penal Code. Allegation against the petitioner is that he has taken the informant to Haryana and having physical relation with her and kept her there.

Submission of learned counsel for the petitioner is that the falsity of the allegation is appeared from the fact that though she has alleged that she was going along with her mother-in-law and when they reached at Bihta tempo stand and she proceeded along with the petitioner and her mother-in-law has not been examined in the complaint case and though she was kept at Haryana, but she has never raised any hulla and not informed her family members, rather the case has been lodged

Patna High Court CR. MISC. No.9412 of 2019(3) dt.24-04-2019 2/2 at the instance of the husband of the complainant and she was a consensual party.

Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above 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 A.C.J.M.-Danapur in connection with Bihta P.S. Case No. 857 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/SKSuman.

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