Kailash Kumar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21803 of 2022 Arising Out of PS. Case No.-185 Year-2021 Thana- LAKHNAUR District- Madhubani ====================================================== KAILASH KUMAR RAUT Son of Rudra Nath Rout Resident of Village - Nande nagar, P.S.- Lakhnaur, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 342, 323, 354B, 376 and 420 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioner is alleged to have established physical relationship with the informant on the pretext of marriage. When the informant started pressurizing him for marriage, he took her to Madhubani at different places and also established physical relationship with her several times.

Patna High Court CR. MISC. No.21803 of 2022(2) dt.04-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated at para 3 of the bail petition. Both the parties, the petitioner and the informant are major and they chose to have physical relationship without marriage. Learned counsel for the petitioner has further submitted that the medical board has opined that according to the present physical and pathological examination, no evidence of sexual assault was found at the time of examination of the informant and her age is more than 20 years. The petitioner is in custody since 25.01.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged 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 learned Additional Chief Judicial Magistrate-1st, Jhanjharpur, District- Madhubani, in connection with Lakhnaur P.S. Case No.185 of of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T

Patna High Court CR. MISC. No.21803 of 2022(2) dt.04-08-2022 3/3