Danish @ Md. Danish v. The State Of Bihar

Patna High Court Cr.Misc. No.277 of 2018 (3) dt.09-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.277 of 2018 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA PS District- GAYA ======================================================

1. Danish @ Md. Danish, son of Manzoor Khan, resident of Village- Rauna, Police Station- Konch, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat, APP For the Informant : M/s Krishna Kant Singh & Obaidulla ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-02-2018 Heard learned Counsel for the petitioner and the learned Counsel for the State as also the learned Counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in Mahila PS Case No. 17 of 2017, registered under Sections 376, 323, 504 and 34 of the IPC.

The allegation in brief is that the petitioner established sexual relationship with the prosecutrix on the promise to marry with her and while they were moving in the town apprehended by the police.

Submission is that the girl is major and it was a consensual relationship as the allegation itself reveals and charge-sheet has been submitted in this case.

Having considered the said facts and circumstances, the petitioner Danish @ Md. Danish is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Gaya in connection with Mahila PS Case No. 17 of 2017. Snkumar/- (Arun Kumar, J.) U T