Ram Das Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.5128 of 2017 (2) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5128 of 2017 Arising Out of PS.Case No. -569 Year- 2013 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Ram Das Ram, Son of Late Khelawan Ram, Resident of VillageShehhazpur, Anand Vihar Gali, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 569 of 2013, registered under Sections 365, 376, 328, 313/34 of the Indian Penal Code. The accusation is that, in course of study in the college, Ravi Raj @ Bittu, son of the petitioner, developed physical relation with the informant on pretext to perform the marriage and in that course, informant conceived pregnancy, regarding which, informant gave information to the parents of Ravi Raj @ Bittu, who assured to perform the marriage. On 24.08.2013, the informant was called at Rasi Raj @ Bittu, where she was served tea and biscuit by this petitioner, due to which, she become unconscious. On raging consciousness, informant found that her pregnancy was got aborted.

Patna High Court Cr.Misc. No.5128 of 2017 (2) dt.27-03-2017 Learned counsel for the petitioner submits that petitioner being the father of Ravi Raj @ Bittu, who is said to be developed physical relation with the informant, has falsely been implicated in this case. Moreover, the marriage of informant has been performed with, Ravi Raj @ Bittu, son of the petitioner. Learned counsel for the informant submits that the marriage of informant has already been performed with Ravi Raj @ Bittu and grievance of the informant has already been redressed.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 569 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T