Ashutosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12999 of 2022 Arising Out of PS. Case No.-57 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== Ashutosh Son of Ramanand Choudhary Resident of Village- Chimanapar, P.s.- Lalganj, Distt.- Vaishali.

... ... Petitioner

Versus

The state of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhardwaj, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mahila Police Station Nalanda P.S. Case No. 57 of 2020 lodged under Sections 376 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that allegation under Section 376 of I.P.C. is not true but from the F.I.R. itself it transpires that it is not the case of rape rather it is a case of consensual sexual relation. Informant and accused both are major and they repeatedly used to met on different occasion by virtue of developing their contact on Facebook. The petitioner is in custody since 18.11.2021, chargesheet has

Patna High Court CR. MISC. No.12999 of 2022(4) dt.03-08-2022 2/3 already been filed in this case. On the point of criminal antecedent, learned counsel for the petitioner submits that whatsoever be the condition the Court shall impose, petitioner is ready to fulfill the same. Learned counsel for the petitioner further submits that in the statement recorded under section 164 Cr.P.C. the informant has categorically mentioned that they came in contact on the Facebook, became friends and started meeting to each other and whenever the occasion arise they used to maintain physical relation.

Learned counsel for the State opposes the prayer for bail and submits that the bail should be rejected. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nalanda at Bihar Sharif in connection with Mahila Police Station Nalanda, P.S. Case No. 57 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.12999 of 2022(4) dt.03-08-2022 3/3 without sufficient cause, shall resulted into cancellation of his bail bond.

B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond in violation of this condition prosecution shall be at liberty to move for cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J) pooja/- U T