Patna High CourtCR. MISC./68626/2018bail granted

Chandra Kishore Gupta v. The State Of Bihar

2018-11-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68626 of 2018 Arising Out of PS. Case No.-153 Year-2018 Thana- LAUKAHA District- Madhubani ====================================================== Chandra Kishore Gupta, S/o Ram Prasad Gupta @ Ram Prasad Sah, Resident of Village- Hinguwa, P.S. Laukaha, Distt.-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 13 Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Laukaha P.S. Case No. 153 of 2018 corresponding to G.R. No. 819 of 2018 instituted for the offence under Section(s) 376/420/406 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that victim girl (informant), on recovery, has given her statement under Section 164 Cr. P.C., which is annexed as Annexure-2 to the bail petition, wherein, she has stated that she has love affair with this petitioner. The victim girl has stated her age to be 17 years and the Court has assessed her age to be 19 years. In the written report, the informant has alleged that

Patna High Court Cr.Misc. No.68626 of 2018(2) dt.29-11-2018 2/2 this petitioner established physical relationship with her on the promise to perform marriage. The petitioner later on refused to perform marriage.

In such circumstances, from the statement of the victim girl it appears that no force was applied by the petitioner. The petitioner is in custody since 6.7.2018 having no criminal antecedent.

Considering the aforesaid, 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 the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 153 of 2018 corresponding to G.R. No. 819 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T