Ram Bachchan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16464 of 2020 Arising Out of PS. Case No.-451 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== RAM BACHCHAN YADAV Son of Late Sita Ram Yadav Resident of Village- Porchi, P.S.- Harnaut, Tal- Mokama, Gram- Shrichandpur Bijili Colony, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-06-2020 Heard Mr. Ajay Kumar Thakur, learned counsel appearing on behalf of the petitioner and Mr. Navin Kumar Pandey, learned A.P.P. for the State through Video Conferencing.

The petitioner seeks bail in Harnaut P.S. Case No.451 of 2019 registered under Sections 376 of the Indian Penal Code and Section 27 of the Arms Act.

The informant(victim) alleged that she is a widow. Petitioner used to come to her house and on the assurance to marry with her established physical relation. She further alleged that the petitioner continued the physical relation with her but later on, refused to solemnised marriage. The informant also alleged that petitioner abused and drove her out from the house. Petitioner also fired at the informant but the firing did not hit the informant.

The learned counsel for the petitioner submits that victim is a widow aged about 40 years. Petitioner happens to be

Patna High Court CR. MISC. No.16464 of 2020(2) dt.03-06-2020 2/2 brother-in-law of the victim. All the allegations are false and concocted. The case has been filed only with a view to put pressure on the petitioner so that the petitioner may solemnise marriage with the victim.

Learned A.P.P. however opposed the prayer for bail. From perusal of the F.I.R. registered on the basis of the complaint petition filed by the complainant, it appears that victim is a widow and she with her own sweet will got physical relation with the petitioner but when the petitioner refused to marry, the complainant filed the case.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner is in custody since 31.12.2019, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Nalanda in connection with Harnaut P.S. Case No.451 of 2019. (Prabhat Kumar Jha, J) Saurabh/- U T