Patna High CourtCR. MISC./540/2016bail granted

Ram Sundar Thakur @ Ram Sundra Thakur v. The State Of Bihar

2016-01-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.540 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Ram Sundar Thakur @ Ram Sundra Thakur son of Late Amrit Thakur, resident of Village- Bihnagar, P.S.- Pandaul, District Madhubani (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amit Kumar For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-01-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 16.09.2015 in a case registered for the offences punishable under Sections 376 of the Indian Penal Code and 3 (i) (xii) of S.C./S.T. (Prevention of Atrocities) Act.

The accusation against the petitioner is that he established physical relation with informant on false promise of her maintenance as a result whereof, informant became pregnant but later on, petitioner refused to maintain her. The statement of victim has been recorded under Section 164 of the Cr.P.C. and she was found pregnant but admittedly, informant was major at the time of alleged occurrence

Patna High Court Cr.Misc. No.540 of 2016 (2) dt.07-01-2016 2/2 and she was aware of pros and cons of physical relation with petitioner. Moreover, informant appears to be a consenting party. Considering the aforesaid facts and circumstances as well as submissions of the parties, 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 Sub Divisional Judicial Magistrate, Madhubani in connection with Madhubani Mahila P.S. Case No. 49 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T