Patna High CourtCR. MISC./53500/2017bail granted

Bhavesh Sah v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53500 of 2017 Arising Out of PS.Case No. -245 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Bhavesh Sah, Son of Dukha Sah, Resident of Village-Baluaha, Police Station-Mahishi, District-Saharsa. .... .... Petitioner.

Versus

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

For the Petitioner/s : Md. Harun Quareshi For the Opposite Party/s : Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Laheriasarai P.S. Case No.245 of 2017 registered under Sections 341, 342, 327, 323, 379, 376, 386, 504, 506 and 498 of the Indian Penal Code. As per the prosecution case, petitioner is said to have lived with the informant in live-in relationship and committed rape against her and also used her in the offence of robbery and looting putting her under coercion. It is submitted by learned counsel for the petitioner that no such offence as alleged took place. As a matter of fact, a rape case has been filed against the husband of the informant by one Sabnam and in order to mount pressure upon the petitioner this false and frivolous case has been filed against him. The

Patna High Court Cr.Misc. No.53500 of 2017 (04) dt.12-12-2017 - 2 - mother of the informant has stated before the I.O. that the informant was living with the petitioner out of her sweet will and got hitched with her and performed marriage in a temple. The informant happens to be major. Though four criminal cases have been instituted against the petitioner but he is on bail in all the cases. The petitioner has been languishing in custody since 01.07.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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, Darbhanga in connection with Laheriasarai P.S. Case No.245 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T