Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15795 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- MAHILA P.S. District- Nalanda ====================================================== GULSHAN KUMAR S/o Late Kamalakar Prasad Singh R/o village- Saday Bigha, P.S.- Birupur, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the State :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 376, 420 & 120(B) of the Indian Penal Code.

Allegedly, on the pretext of marriage, the petitioner established physical relationship with the victim/informant and later on, he refused to marry her.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.15795 of 2020(2) dt.13-07-2020 2/3 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. It is a consensual relationship between the petitioner and the informant. On the pretext of marriage, physical relationship was established by the petitioner with the informant. Counsel for the petitioner further relied upon the case of the Hon'ble Supreme Court since reported in 2019 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sorav-Versus-The State of Maharashtra & Ors).

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda in connection with Mahila P.S. Case No. 164 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.15795 of 2020(2) dt.13-07-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T