Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16788 of 2019 Arising Out of PS. Case No.-623 Year-2018 Thana- JOGAPATTI District- West Champaran ====================================================== Sunil Kumar son of Ram Narayan Ram, resident of village-Jarlpur, P.S.- Yogappati, District- West Champaran, at present resident of Phatehpur Chowk, P.S.-Yogapatti, District- West Champaran ... ... Petitioner

Versus

1. The State of Bihar

2. Shahnaj Khatoon daughter of Sanu Nat, resident of Parmanandpur, P.S.- Dumra, District- Sitamarhi ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Yogapatti (Nawalpur) P.S. Case No.623 of 2018 registered under Sections 366 and 376 of the Indian Penal Code. Learned counsel for the petitioner submitted that from perusal of the first information report itself it would transpire that the informant, aged about twenty years, was having live-in-relationship with the petitioner and when he refused the proposal of marriage, the instant case has been registered against him under Sections 366 and 376 of the Indian Penal Code.

Patna High Court CR. MISC. No.16788 of 2019(3) dt.22-05-2019 2/2 Per contra, learned counsel for the State submitted that the petitioner sexually exploited the informant on the promise of marriage and later on refused to marry her. Considering the nature of allegation and the period undergone by the petitioner in custody as under trial prisoner, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah at West Champaran in connection with Yogapatti (Nawalpur) P.S. Case No.

623 of 2018 subject to the following conditions:- (a) that the petitioner shall attend court in accordance with the conditions of the bond executed, (b) that the petitioner shall not commit an offence similar to the offence of the present case, and (c) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T