Basant Kumar @ Basant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18395 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- RASULPUR District- Saran ====================================================== Basant Kumar @ Basant Mahto, son of Prabhu Mahto @ Prabhunath Mahto, Resident of Village - Dapani, P.S.-Hasanpura, Distt.-Siwan ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Singh, Advocate For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. 2.

This application for grant of regular bail arises out of Rasulpur P.S. Case No.02 of 2023 registered for the offence punishable under sections 376, 506 and 420 of the Indian Penal Code 3.

It is alleged that the petitioner has established physical relationship with the informant for last four years on the pretext of marriage but subsequently he refused to marry the informant.

4.

From the statement of the victim-woman who is aged about 30 years recorded under section 164 of the Cr.P.C., it appears that it is a case of consensual sex. The petitioner is in custody since 04.10.2023 having clean antecedent.

Patna High Court CR. MISC. No.18395 of 2024(3) dt.08-05-2024 2/2 5.

Considering the aforesaid facts, this bail application is allowed.

6.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Rasulpur P.S. Case No.02 of 2023. (Sandeep Kumar, J) pawan/- U T