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Patna High CourtCR. MISC./60224/2018bail granted

Divyank Priyadarshi v. The State Of Bihar

2018-10-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60224 of 2018 Arising Out of PS.Case No. -69 Year- 2018 Thana -MAHILA P.S. District- PATNA ====================================================== Divyank Priyadarshi, S/o Sri Sanjay Kumar, Resident of Village- Chandi, P.S.- Chandi, District- Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rakesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2018 Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the bail petition during course of the day.

Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Mahila P.S. Case No. 69 of 2018 instituted for the offence under Sections 376 and 504/34 of the Indian Penal Code.

Counsel for the petitioner submits that the instant case has been filed as counter blast of Kankarbagh P.S. Case No. 550 of 2018 dated 01.07.2018 filed by Phua of the petitioner namely Neelam Kumari for the offence under Sections 363 and 364 of the Indian Penal Code.

In the instant case there is allegation that this

Patna High Court Cr.Misc. No.60224 of 2018 (2) dt.06-10-2018 2/2 petitioner used to develop physical relationship with the informant on the pretext of performing marriage with her, but he refused to perform marriage.

Petitioner is said to be in custody since 7.7.2018. The girl has been medically examined in the instant case wherein the Doctor has not found any violence mark on her private parts. The injury report has been produced by the petitioner at the time of hearing of bail petition.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Priya Shekhar, learned Judicial Magistrate, 1st Class, Patna, in connection with Mahila P.S. Case No. 69 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T