Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22075 of 2023 Arising Out of PS. Case No.-18 Year-2022 Thana- MAHILA P.S. District- Patna ====================================================== Gaurav Kumar S/O Ramadhar Kumar Yadav @ Ramadhar Yadav Resident Of Block Road, Ward No 2, Ahead Of Khatal, P.S- Masaurahi, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijay Kumar Pathak, Advocate For the Opposite Party :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mahila P.S. Case No. 18 of 2022 dated 12.02.2022, instituted for the offences punishable under Sections376 and 506 of the Indian Penal Code.

3. As per the case of prosecution on the pretext of marriage the petitioner established physical relationship with the informant, who was a major girl. It is further alleged that petitioner also caused miscarriage and threatened her to post her obscene photograph on mobile.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is falsely implicated in this case. It is submitted that the informant alleges that the petitioner was in

Patna High Court CR. MISC. No.22075 of 2023(2) dt.19-05-2023 2/2 physical relationship with her consent since last one year. It is further submitted that there is a case of consensual intercourse between the parties who are major. Lastly, it has been submitted that the petitioner is in custody since 03.01.2023, has no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st, Class, Patna in Mahila P.S. Case No. 18 of 2022.

(Khatim Reza, J) shanu/- U T