Sanjay Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15664 of 2019 Arising Out of PS. Case No.-113 Year-2018 Thana- MAHILA P.S. District- Patna ====================================================== SANJAY RAJ, Son of Ashok Kumar @ Ashok Kumar Gupta, Resident of K. Storage (Central Bank A.T.M. Building), P.S.- Garkha, District- Saran (Chapra) ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Juli Kumari, D/O Arvind Kumar, Resident of Simli Shahdra, P.S.- Malsalaami, District- Patna.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Ms.Nivedita Nirvikar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh For the Informant : Mr. Anup Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahila P.S. Case No. 113 of 2018, registered for the offences punishable under Sections 313, 376, 509 and 34 of the Indian Penal Code.

Allegation against the petitioner is that on the pretext of marriage he had developed physical relationship with the informant and when became pregnant she was aborted and when she went to the house of the petitioner she was abused by the family members and threatened with dire consequence. Submission of learned counsel for the petitioner is that FIR itself shows that she is a consensual party in having physical relationship and she is a major, which will appear from

Patna High Court CR. MISC. No.15664 of 2019(2) dt.26-03-2019 2/2 her statement recorded under Section 164 Cr.P.C. where she disclosed her age as 26 years and in order pressurise the petitioner the present case has been filed.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let petitioner, above named, surrender within a period of six weeks from the receipt of this order and on surrender he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna, in connection with Mahila P.S. Case No. 113 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors of the petitioner shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further condition is that petitioner has to co-operate in investigation, otherwise his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T