Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58752 of 2017 ======================================================

1. Ravi Kumar Son of Yogendra Singh Kushwaha @ Yogendra Singh Resident of village- Konhwa, Police Station- Gopalganj, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.R.P. Bexi, Sr. Adv. Mr. Lokesh Kumar Singh For the Opposite Party/s : Ms. Gulnar Begum APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-12-2017 Heard learned Sr. counsel for the petitioner and learned counsel for the State.

The petitioner is in custody on his surrender since 23.10.2017 in connection with Gopalganj Mahila P.S. Case NO. 16 of 2017 for the offence registered under Sections 493, 376, 341 and 323/34 of the Indian Penal Code.

Learned Sr. Counsel for the petitioner has brought on record the medical report and submits that entire prosecution case stands falsified in view of the medical report of the victim girl in which no evidence of sexual assault and evidence of abortion has been found on the victim girl. Her age has been assessed between 21-22 years. It is further submitted that the present case has been lodged merely to pressurize the petitioner to perform marriage

Patna High Court Cr.Misc. No.58752 of 2017 (2) dt.13-12-2017 2/3 with the victim girl and when the same was declined, the present case has been lodged on malicious allegation against him. Considering the aforesaid facts and circumstances of the case, 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 Sub Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj Mahila P.S. Case No. 16 of 2017, Subject to the following conditions :-

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with

Patna High Court Cr.Misc. No.58752 of 2017 (2) dt.13-12-2017 3/3 the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T