Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13453 of 2020 Arising Out of PS. Case No.-66 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== ANUJ KUMAR Son of Lalmuni Singh @ Lalmuni Singh Yadav Village - Jagdishpur, P.S. - Natwar, District - Rohtas (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh No.10 For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 376 and 506 of the Indian Penal Code. The prosecution allegation, in short, is that the accused person established physical relation with the informant on the assurance of the marriage and later denied. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.13453 of 2020(2) dt.24-06-2020 2/3 petitioner. The petitioner has falsely been implicated in the present case. On the pretext of marriage, physical relationship is alleged to have been established between the petitioner and the victim. Learned counsel for the petitioner submits that at best, it is a case of consensual sex. He has placed reliance of a case of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors).

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Sachin Kumar Mishra, Judicial Magistrate, 1st Class, Sasaram, Rohtas in connection with Rohtas Mahila P.S. Case No. 66/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven

Patna High Court CR. MISC. No.13453 of 2020(2) dt.24-06-2020 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T