Priyanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18136 of 2024 Arising Out of PS. Case No.-828 Year-2023 Thana- BIHTA District- Patna ====================================================== Priyanshu Kumar S/o- Lakhi Sonar @ Lakhi Prasad Village- Ismailpur Bahpura Ps- Bihta Dist- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shalma Parween D/o- Salim Parwej Village- Bahpura Ps- Bihta Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Ataul Haque For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 25-04-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Bihta P.S. Case No.828 of 2023 registered for the offence under Sections 376 of the Indian Penal Code and Section 66(E) of the I.T. Act.

3.

Allegation against the petitioner is to have in physical relation on the pretext of marriage. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been

Patna High Court CR. MISC. No.18136 of 2024(3) dt.25-04-2024 2/3 implicated in the present case. It is submitted that informant is major and allegation as regard to physical relation has established with consent of the informant. It is submitted that dispute has been compromised between the parties through compromise petition filed before the learned trial court. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 16.08.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner as it appears from perusal of case diary and impugned order along with statement as recorded under Section 164 of the Cr.P.C. that petitioner were in physical relation for 06 months on the pretext of marriage with her before lodging the FIR and both the parties have compromised the dispute between the parties on the basis of compromise petition which has been filed before learned A.C.J.M. Danapur and today a certified copy of the compromise petition is produced before this Court by the learned counsel for the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Bihta P.S. Case No.828 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten

Patna High Court CR. MISC. No.18136 of 2024(3) dt.25-04-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Danapur. (Ramesh Chand Malviya, J) S.Katyayan/- U T