Patna High CourtCR. MISC./23890/2024bail granted

Balmiki Yadav v. The State Of Bihar

2024-04-18Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23890 of 2024 Arising Out of PS. Case No.-318 Year-2023 Thana- KATORIYA District- Banka ====================================================== Balmiki Yadav S/o Subodh Yadav R/o vill - Makhanpur (Narayanpur), P.s. - Barahat, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Katoriya P.S. Case No. 318 of 2023 dated 04.09.2023 registered for the offence punishable under Section 376 of the Indian Penal Code.

3. Allegation against the petitioner, is that he used to establish physical relationship with the informant on the pretext of marrying her since last three years.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner was in love with the victim since long. The victim/informant is a major girl. Due to refusal of marriage by the petitioner the said case has been

Patna High Court CR. MISC. No.23890 of 2024(2) dt.18-04-2024 2/2 instituted against him. The victim herself has stated in the F.I.R. that the petitioner used to establish physical relationship with her on the pretext of marrying her. The victim was above 18 years on the date of occurrence and the charge has been framed. It is submitted that petitioner is a young boy aged about 24 years. Lastly, it has been submitted that the petitioner is in custody since 05.09.2023, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes 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 Additional Sessions Judge-Ist, Banka in connection with Katoriya P.S. Case No. 318 of 2023.

(Khatim Reza, J) prabhat/- U T